Here's a monumental decision for New York criminal defense lawyers and repeat offenders alike: A federal court has ruled against the constitutionality of judges granting harsher sentences for repeat offenders.
Indeed, New York criminal defense attorneys must be toasting to this victory. What it means for them and their client is essentially that repeat offenders aren't at the mercy of New York judges, when it comes to their sentencing. A state law, which lets judges give harsher penalties to repeat offenders violates the criminal defendant's right to a jury trial, according to the NY Times.
This does not mean that a repeat offender can't get a harsher sentence. It simply means that the decision to grant a harsher sentence shouldn't be at the mercy of the judge. Rather, the decision to grant a harsher sentence to a repeat felon should be in the hands of the jury.
The New York law was not necessarily "struck down". Rather, it was just declared unconstitutional, which in itself opens the door for many New York criminal defense lawyers to challenge the incarceration of several inmates.
The persistent felony offender statute directed the judges to determine whether the repeat felon was subject to a longer sentence after the judge examined the "history and the character" of the defendant.
But the issue with that statute, the Federal Court of Appeals felt, was that such decisions of fact should be left to the jury and not to the judge.
Based on this ruling, four cases have been sent back to lower courts, to determine if sentencing was appropriate.
Repeat offenders have rights granted to them by the state constitution that may not necessarily be granted. If you are a repeat offender, you may want to talk to one of many New York criminal defense lawyers in order to know if you have had your rights granted to you.
Related Resources
- NY Repeat Offender Law Ruled Unconstitutional (FindLaw's Blotter Blog)
- Stages of a Criminal Case- Sentencing (FindLaw)
- Find New York Criminal Defense Attorneys (FindLaw)
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