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What is the maximum sentence for Attempted ROBBERY-2ND D Felony & Attempted ROBBERY-3RD E Felony in NYC ?

New York, NY |

At the time he got arrested (December 19, 2010) he was under probation and ever since has been locked up. Every time he goes to court he gets remanded and the judge is offering 3 years. He has a year and 7 months locked up will the time he has be counted or he would have to start all over again ?

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Attorney answers 4

Posted

There is a plea negotiation ongoing. Legal counsel is necessary to protect the interests of the defendant. Assuming he is represented by a public defender, it might be advisable to retain private counsel at least for a second opinion. The judge and prosecutor have significant discretion, and there may be ways to obtain a better result if the defendant's counsel invests time and energy in attempting to get the best deal for the client.

Posted

On the D felony the sentencing range is 2-7 years in state prison. The E felony carries a maximum sentence of 4 years but it most likely will be merged into the D. These sentences can run consecutively to any sentence imposed for violating probation but he will get credit for the already served and he wouldn't have to start all over.
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Benjamin J Lieberman

Benjamin J Lieberman

Posted

I should add that if he is on probation for a prior felony the sentence can be enhanced but it seems like the court is offering him three anyway

Posted

If the prior felony was a violent felony, the range is 5-7 on the Att. Rob 2. If the first was non-violent, the range is 3-7. On the E, its 2-4 or 3-4.

Posted

Max for Att Rob 2 is 7 years.
All the time counts since his arrest.
The issue is whether probation time is concurrent or consecutive.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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