The First Step Act, which is a bill that is being considered in Congress, might have an effect on some inmates in New York. It will make the 2010 Fair Sentencing Act, which addressed the sentencing disparity in cocaine and crack cocaine cases, retroactive, and this will affect approximately 2,600 inmates. They will still have to go to court to address the issue.
In order for the government to get a criminal assault conviction in New York State, they have to prove that any injury caused by the defendant was intentional, meaning that it was not accidental. It is necessary to prove that there was an intention by the defendant to cause "physical injury" or "serious physical injury". Both of these terms have a specific meaning in the law; they do not have the general meaning we all use in everyday life.
Black defendants in New York and across the country may face an unfair hearing when they go before bail judges, especially if the results of a recent study reflect a national trend. The study, conducted by Princeton and Harvard researchers, examined the decision-making of bail judges in the Miami and Philadelphia areas through a racial lens. The study noted that black defendants were less likely to receive bail, more likely to face pretrial detention and more likely to pay larger bail amounts than white defendants.
If an alleged offender is convicted of sexual assault, they will be sentenced by a judge. The sentence can include jail time, fines or other penalties allowed by state law. The severity of a defendant's punishment will be determined by a variety of factors including details specific to a given case. In New York, individuals are sentenced to a range of years in prison as opposed to a specific amount.
Police in New York say that a 52-year-old Monroe County man was drunk when he attempted to flee from state troopers in the early morning hours of April 20. Reports indicate that troopers were joined by officers from the New York State Police during a pursuit that lasted for between 5 and 10 minutes. The man has been charged with driving while under the influence of alcohol, unlawful fleeing, resisting arrest and reckless endangerment, and he faces a raft of motor vehicle infractions and violations.
In New York, possession with the intent to distribute is a crime that combines possessing a controlled substance with the criminal intent to distribute that substance. Possession of a controlled substance on its own is a crime, but typically possession with intent to distribute is punished more harshly. Generally speaking, a prosecutor will look at the circumstances around a defendant's possession of a controlled substance to determine if that defendant intended to distribute the drugs. One of the most important factors is the amount of the drug.