Infographic: What Type of Offenses Can Lead to a Sentencing of Probation?

The criminal defense attorneys at The Brill Legal Group recently published a helpful FAQ page and infographic discussing the types of offenses that can result in a sentence of probation in New York. The page helps individuals facing criminal charges understand when probation may be available as an alternative to incarceration, what charges commonly qualify, and what conditions courts typically impose.

What Is Probation?

Probation is a sentencing option that allows a convicted person to remain in the community rather than be incarcerated. It is available as an alternative 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, and some class E violent felonies also qualify.

Types of Offenses That Can Lead to Probation

Courts frequently sentence defendants to probation after convictions for offenses including DWI, assault, theft, drug possession, sex offenses, possession of firearms, and burglary. According to the Westchester County Department of Probation, over half of offenders under criminal court supervision have been convicted of felony crimes including assault, weapons possession, drunk driving, burglary, grand larceny, and drug-related offenses. Sex offenders also commonly receive probation sentences in Westchester County.

Domestic Violence

New York does not have a specific offense charged as domestic violence. A person can face misdemeanor or felony charges depending on the type of domestic offense. In family court, individuals can be placed on probation for domestic offenses.

Juvenile Offenses

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.

General and Special Conditions of Probation

All courts impose general conditions of probation that every person sentenced must follow. Courts may also impose special conditions tailored to the specific offense, such as requiring treatment attendance, setting a curfew, ordering community service, mandating drug testing, or requiring restitution payments. Violating any condition can result in additional penalties.

Have You Been Charged with a Crime in New York?

If you are facing criminal charges in New York, you should understand your rights and what sentencing options may be available. An experienced criminal defense attorney can help you evaluate the charges you face and determine whether probation is a realistic outcome for your situation. The Brill Legal Group is a New York criminal defense law firm with offices in Manhattan, Hempstead (Nassau County), and Hauppauge. The Brill Legal Group offers free consultations and is available 24 hours a day, seven days a week.