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Home > What’s The Difference Between Determinate And Indeterminate Sentences In New York?

What’s The Difference Between Determinate And Indeterminate Sentences In New York?

New York sentences felony convictions based on a variety of factors, but with two basic approaches, determinate and indeterminate sentences.

In determinate sentences, you will receive a sentence for a given set of years, and this approach is usually reserved for violent felonies, drug crimes, and for offenders with prior convictions.

Indeterminate sentencing is typically applied for non-violent and less serious crimes, and involves a range of time.

After the minimum number of years a judge sentences you, you will become eligible for parole.

But even if parole is not granted, your sentence ends at the upper limit of time.

Put more simply, a determinate sentence is, “10 years in prison.”

An indeterminate sentence is, “5-7 years in prison,” and you’ll be eligible for parole after five years.

If you’re concerned about the possibility of prison, call the Queens criminal defense attorneys at Zelenitz, Shapiro & D’Agostino today at 718-599-1111.