My boyfriend got into some serious trouble for possessing fake money. He is still going to court for the whole thing however the first offer came up and it was 3 and a half to 7 in state prison. He thinks they can drop it to a misdemeanor and he will get away with it since he did not know it was fake. However he has other felonies on his recorder for grand larceny, scheme and defraud and I am not sure of anything else. What is going to happen? What will the DA do?
A Class C non-violent carries a minimum of 3 1/2 - 7 and 7 1/2 - 15 as a maximum b/c it appears he has a prior felony conviction. No one can say what the DA will do except the attorney who is handling the case.
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.
The lowest possible prison sentence is 1 to 3 years, and the worst sentence is 5 to 15 years. Prison isn’t mandatory and the court could sentence him to probation or some other non incarceration disposition. This is if there are no prior felony convictions. You indicated that he does have a prior. Depending on when that conviction took place it could be used against him. He could be facing mandatory prison time with a maximum sentence of 7 ½ to 15 years. No one here can tell you what the DA, or anyone else for that matter, will do. He should certainly have an attorney and review everything with him/her. S/he would be in the best position to advise and guide him.
Under Penal Law 70.06, If your boyfriend is a predicate felon as you believe and he is convicted of a C non-violent felony, I believe the minimum is 3-6 not 3.5 to 7, while the maximum is 7.5 to 15. As far as not knowing it was fake, that is going to be a difficult sell to the DA and jury given his prior convictions.
I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.
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