Figuring out what kind of sentence you may be handed down by the Judge for your criminal case is one of the most important parts of a good defense strategy. However, many clients and lawyers are confused by the complicated rules of time computation, prison projections and how the average length of stay for a person in prison has changed over the years.
Fortunately, an experienced criminal defense attorney will explain your scoresheet to you and answer any questions you might have about the process. This Felony Sentencing Calculator was created to help show our clients how many points they score according to Criminal Punishment Code and what the lowest permissible prison sentence those points equate to.
The first step is to select the felony charge or charges you are facing from the drop down menu. This will populate the felony level and degree information for you automatically. You should also choose the type of enhancement if applicable, for example, gang related charges, grand theft, etc. Once you have selected all of the necessary fields the total sentence points will appear on the right hand side. This will include any mandatory sentence enhancers that you have chosen as well as the minimum prison time if applicable.
Next you will need to subtract the mandatory prison time, if applicable from the total sentence points and then add in any reductions you would like to receive such as Gain Time or time served credit. Please note that we have included reductions in this jail sentence calculator even though they are not standard across all prison sentencing calculators because of the substantial impact they can have on a felony conviction.
Once you have entered all the relevant information the calculator will provide you with the lowest permissible prison sentence in months. This is the number that a Judge can legally impose unless you and your lawyer negotiate a departure from these guidelines.
It is important to keep in mind that your sentence will not only punish you for the crime committed but it will also affect other areas of your life such as employment, housing and access to public benefits. These are called collateral consequences and can be quite severe. To learn more about this topic read Collateral Consequences Basics. This is an area where it is critical to have an experienced criminal defense attorney to protect your rights and to ensure that you get a fair sentence. The experienced attorneys at our firm are dedicated to fighting for your justice.
It can be difficult to determine how much jail time you will get if convicted of a crime. There are many factors that can influence your sentence including the type of offense, your criminal history, whether there was a weapon involved, and how much money was stolen.
However, determining how much jail time you might receive can be complicated because different jails calculate the number of days in a day differently. For example, Fairfax County jails count a day as 24 hours while Prince William county counts a day as only 14 hours. This can affect how much credit you may receive for time served.
In addition, the state’s sentencing guidelines can impact how much time you will receive. These guidelines are the standard that judges use to determine the amount of time you should serve based on your criminal history and the type of offense.
The Felony Sentencing Calculator is designed to help you find out the lowest permissible prison sentence for any felony charges, excluding capital offenses.
The first step in the calculator is to select the felony charge that you are charged with. You can do so by using the search box or by entering the official felony code number in the field. Once you select the felony code, the calculator will automatically populate information regarding the offense level and degree.
Once you have selected the felony, you can then enter any additional offenses received with the felony, as well as any prior convictions on your record. These factors are important because they will increase or decrease the lowest permissible sentence. Finally, you will need to enter any time served and gain time reductions that you are eligible for, which are not typically accounted for by standard prison sentence calculators.
The felony sentence calculator can then display a range of possible jail sentences based on the facts and circumstances of your case. It will also display any pre-sentencing report the government prepares for the judge in your case.
It is important to remember that a jail sentence calculator can only provide an estimate based on the information you enter and cannot be used as a substitute for legal advice. If you have been arrested or are facing criminal charges, it is essential to have experienced representation on your side.
Whether or not judges use sentencing guidelines, they must be able to accurately calculate jail time and prison credit. A criminal defense attorney who is unfamiliar with local jail computation rules will have a difficult time helping his client understand how much time he may have earned.
One example is the time-served calculation for misdemeanor sentences, which are typically served in county jails (unless they are served concurrently with a felony sentence). The sheriffs who run those jails have their own time computation rules. Inmates can earn deductions for good behavior, or "earned time," and they can also earn trustee time by completing work assignments. The total amount of earned and trustee time is then subtracted from the imposed sentence before it is converted to actual jail time.
In addition, there are several legal limits on the maximum length of prison sentence a judge can impose, including applicable statutory minimums and maximums. A judge's ability to disregard these statutory limitations, however, can be significantly diminished by the presence of a sentencing guideline violation or other significant aggravating factor.
For these reasons, a criminal defense lawyer's ability to quickly identify these potential issues in a sentence estimate is critical. Using a tool that automatically checks for the existence of a violation or other issue can save valuable time at a sentencing hearing.
Another important feature of a sentencing estimation tool is its ability to assess the impact of specific changes in the guideline range. Generally, this is done by recalculating the relevant sentence using the new guidelines and comparing it to the existing sentence. This process takes into account any existing departures or variances from the guidelines, as well as a calculation of how much more time a judge will impose on an offender due to the change in the guidelines (or how less time a judge will impose if the new guideline is lower).
The final step involves estimating a prison impact that includes a prediction of how many beds will need to be added for sentence increases and freed up for sentence decreases. The model also assumes that the offender will earn all available good time credits, which is important to accurate estimates of prison and jail time for the offender. The results of this part of the model are then used to estimate a new sentence that is proportional to the new guideline range.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060