my younger brother is being charged with robbery in the secobd degree class c felony. the only other time his been arrested was for jumping the train. so it is his first offence, him and his friend robbed another teen for his cell phone. he is 18 and going to school. what will most likely happen in this case
Criminal Defense Attorney
Robbery in the Second Degree is a Class “C” violent felony. Pursuant to New York Penal Law section 70.02 a defendant with no prior felony conviction charged with a Class “C” violent felon if convicted can get a minimum of three and half years and a maximum of fifteen years incarceration or flat sentence. Defendants convicted of violent crime serve “determinate sentence.” This means a predetermine sentence. Thus if your brother received the minimum of three and a half years he would serve just that, three and half years, minus time already served and good time. Good time in state prison is roughly equal to two months good time for every year served. If your brother pleads to a reduced charge of attempted Robbery in the Second Degree, a Class “D” violent felony the sentencing range is reduced to a two years minimum and a maximum of seven years. Your brother can avoid prison time by enter a plea to a non-violent crime, such as Robbery in the Third Degree.
Criminal Defense Attorney
Mr. Brucato's answer was fairly complete.
Some additional points/corrections: A determinate sentence (usually on a violent felony) means that the person actually serves 6/7ths of that sentence and then will be released onto post-release supervision, which is much the same as parole. He can be violated on p/r much the same as he could be violated on parole and the process is the same.
There is a huge range of possible outcomes in a case like this. From the worst (15 years in prison plus 5 years of post-release supervision) down to a misdemeanor. Anyone without full knowledge of the case, including discovery, discussions with the prosecutor and the defendant, will be only guessing as to how this particular case might end up. Your brother needs an attorney, preferably a good one.
Your brother is potentially eligible for youthful offender treatment since he is still 18. Youthful offender adjudication is discretionary at the felony level. If this is granted, any felony will be sentenced at the E felony level, with a maximum of 1-1/3 to 4 years in prison, and with a possibility of probation at the judge's discretion, at the low end.
Talk to your brother's attorney, as he or she will know if there is any plea bargain on the table. If he does not yet have an attorney, he should get one immediately. Please do not assume that because your brother is young with little criminal history that the People will cut him a break on this. A C violent felony is serious stuff. That said, on a case like this, in the Bronx, the People may reduce the charges to a misdemeanor but that may require some work by his attorney if it is even possible.
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