What type of offenses can lead to a sentencing of probation?

Probation is available as an alternative to incarceration for certain misdemeanors and less serious felony convictions in New York.  Many class C, D, and E nonviolent felony convictions can result in a sentence of probation. Some class E violent felonies also qualify. 

In family court, individuals can be placed on probation for domestic violence offenses. 

In criminal court, offenders may be sentenced to probation for certain charges such as driving while intoxicated (DWI), theft, assault, sex offenses, possession of firearms and burglary, among others.

According to the Westchester County Department of Probation, the most common convictions that lead to a probation sentence include:

• Assault, including domestic violence
• Burglary
• Criminal mischief
• Driving while intoxicated (DWI)
• Driving without a license, especially after repeated cases
• Drug possession and certain types of drug sales
• Fraud, in certain cases
• Larceny
• Possession of firearms
• Sex offenses, in certain cases
• Theft, in certain cases

Criminal courts frequently sentence defendants to probation after a conviction. In some cases, a plea of guilty or no contest may also lead to probation. Family courts may also sentence a person to probation, often based on a domestic violence conviction or plea. 

Juvenile courts often place juveniles on probation. A juvenile court may opt for probation if a juvenile committed an offense that would be a crime if the juvenile were an adult. Juvenile courts also use probation to monitor a juvenile’s behavior if the court finds the juvenile is a Person in Need of Supervision. This finding is usually based on a pattern of past behavior. 

All courts impose “general conditions of probation.” A person on probation must follow these conditions or risk facing additional penalties for probation violation.

A court may also impose “special conditions of probation.” These conditions may be tailored to the offense. For instance, the court may require a person convicted of driving while intoxicated to attend treatment. The court may also set a curfew, require community service, order drug testing, or require the person to pay restitution. 

Many factors are considered during sentencing. An experienced attorney can help individuals charged with a crime determine how long of a potential sentence they face and whether probation is available.

Other Criminal Defense FAQs:

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