That depends on the judge and the particular facts of the case. They would most probably receiveore than the six months. My guess, and it is only a guess, would be something that would translate to a couple of years. The person might end up being eligible for some type of early release program. You should discuss this with an experienced criminal defense attorney. Good luck.
I have been a criminal defense attorney in New York for over 20 years. Feel free to view my website at Brooklynlaw.net or contact me either by phone at 718-208-6094 or via email at email@example.com. This answer is only for informational purposes and is not meant as legal advice.
It is very tough to say, because judges have tremendous latitude and discretion in this regard, but the possibilities are anywhere from "no jail," to 7 years in prison. Of course, if found guilty after trial, the "no jail" scenario in unlikely and the maximum sentencing guideline of 7 years in prison is unlikely as well, especially considering the fact that the accused is a first time offender. Criminal trials are time consuming and emotionally draining on the individual being charged with a crime; but sometimes necessary. The best course of action, given the People's current offer, can only be determined after discussing and carefully considering the strengths and weaknesses of the case as well as the pros and cons of each course of action with your attorney.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
The potential sentence is 2 1/3-7 years in jail. The actual sentence, should the person be found guilty of the top charge or any lesser, can be as little as no jai/probation or up to the maximum of the charge they are found guilty of. The fact that it is a 1st offense MAY help but that is not a guarantee as the amount taken is high.
An experienced attorney to provide good advice that the client can have confidence in is needed here.
Joseph A. Lo Piccolo, Esq.
Hession Bekoff & Lo Piccolo, LLP
President, Criminal Courts Bar Association of Nassau County
1103 Stewart Avenue, Suite 200
Garden City, NY 11530
Sent from my Verizon Blackberry
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The original plea offer has no bearing on a sentence after trial other than it gives a defense attorney an argument to the judge that the DA felt this was an appropriate punishment for the acts charged. However, since you chose to exercise your right to trial (a constitutional right) there was significant expense to the state as well as a risk of loss so typically the sentences are harsher after trial. Moreover, after trial a judge has heard many more details about the crime and that could influence a judge's decision, especially if the judge believes a defendant was untruthful on the witness stand. Finally, when judges are inclined to give leniency they are looking to see remorse and acceptance of responsibility by the guilty party. This often can't be fully accomplished after trial as defendants need to maintain claims of innocence for appeal purposes.
Let's apply this to your case, without knowing more details, you were convicted after trial of Grand Larceny in the Third Degree. The DA had been offering six months jail (and possibly five years on probation) and your exposure is up to 7 years now at sentence. The good nees is you a first offender, the bad news is the value of the property stolen is signigicant at the thirty to forty thousand range. In theory, the judge could sentence you to less than the original plea offer. I think it will boil down to whether or not the judge thinks that upstate time is appropriate. If I were to make an educated prediction, I would expect the judge to sentence you to two years prison.
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