Can I Get Probation Instead of Jail in NY?

A term of imprisonment is often the sentence for a criminal conviction in New York. However, depending on the circumstances of the situation, you may be able to get probation instead of jail time. Contact a Rockland County criminal & municipal attorney to discuss your situation today.

What is Probation?

Probation is an alternative sentencing issued to individuals convicted of a crime that allows them to avoid going to jail. The individual still receives a sentence to serve for a specific amount of time, but instead of being imprisoned, they are allowed to serve it while remaining free and in their community. When you are offered probation you are being released on the condition that you abide by all terms and conditions set by the court.

What Are the Terms of Probation?

The terms of probation will vary depending on the crime committed and the details of the situation. The following are common conditions set by the court.

Maintaining steady employment
Obeying all laws and not committing any new crimes
Remaining in a certain geographical area and requesting permission to travel
Not doing drugs or consuming alcohol
Submitting to random drug and alcohol tests
Performing community service

The above and much more can be required by the court. By violating these terms you risk having your probation extended or revoked.

Can I Get Probation Instead of Jail in New York?

Whether or not you can get probation instead of a jail sentence in New York depends on the details of your offense and personal situation. Under New York state law, all individuals convicted of a misdemeanor offense can be sentenced to probation as an alternative to jail. However, the same cannot be said for those convicted of felony crimes.

Probation is only allowed for felony offenses if it is the individual’s first felony conviction and if the offense is either Class E, selected Class D, or non-violent Class C.

What Factors Influence Whether a Defendant Can Get Probation?

Even if your offense falls into a category where probation is permitted, there is a chance that you will be forced to serve time in jail instead. When determining whether an individual deserves probation or not, a judge will weigh all factors including the following.

The nature and severity of the offense
Whether the defendant shows remorse for their actions
Who the victim is and whether they are in an exceptionally vulnerable class of people
The amount of monetary loss sustained by victims
Whether the defendant was armed or used a deadly weapon
The defendant’s prior criminal history

If the crime was violent or extremely cruel, resulted in significant loss, or if the defendant is likely to continue engaging in criminal activity, a court may determine that imprisonment is the most appropriate sentence. Otherwise, probation may be issued if it is found that jail time is an extreme reaction to the offense.

For more information on your legal rights and whether you may be able to receive probation as opposed to a term of imprisonment, reach out to a knowledgeable criminal defense attorney at the Law Office of Kevin T. Conway today.