New York Criminal Lawyer Blog
According to a New York Criminal Lawyer, in July of 1974, a man who pleaded guilty for sale prohibited drugs was charged of life imprisonment with no possibility of probation and lifetime parole. According to reports, this rule was first given the highest force of law in United States in 1910 which during that time was considered to be fair and just, but does it follow that what was fair and just 70 or more years ago applies now.
Based on reports, of all the class A felonies such as arson, kidnapping, murder, only the narcotics possession and sale offenses are prohibited from being reduced by plea bargaining. Thus, a person who kills intentionally, who causes serious physical injury in the course of a robbery, who rapes a child, who blows up an occupied building, faces a maximum term of 25 years, or a maximum of 30 years for a series of such acts before being imprisoned on any one of them. Although imprisonment is mandatory, no minimum term may be imposed unless the court gives reasons for concluding that the best interest of the public requires it because of the nature and circumstances of the crime and of the history and character of the defendant.
A New York Criminal Lawyer revealed that a man charged of cocaine possession will not remain on parole for the rest of his life, nor will he be denied the opportunity to engage in plea bargaining. Crack possession is considered to be worse than a person who kills intentionally, who causes serious physical injury in the course of a robbery, who rapes a child, who blows up an occupied building,whether he sells a bag of heroin for profit or to support his own addiction or whether he gives away a ‘fix’ to a desperately sick friend suffering from withdrawal pains (where the consequences to the ‘victim’ and to society are minimal, by any scale of values), the mandatory maximum penalty of life remains the same.
The NY Law dictates that drug posession crimes must be punished much more severely than the armed robber who shoots his victim and the multiple rapists. He must be punished as severely as the most heinous murderers, kidnappers, and arsonists, and more severely than many of them. He is even denied the privileges accorded to all other criminal defendants, including multiple and persistent felony offenders, of plea bargaining and of judicial discretion in setting the maximum term in accordance with the nature and circumstances of the particular criminal conduct involved and with the history and character of the defendant.The Court is not allowed to consider the status of the buyer, whether addict or non-addict. Nor may it consider the qualities of the offender, whether young or old, family man or not high or low rehabilitative potential, value or potential value to society. In all cases there is a mandatory maximum of life imprisonment.
In the opinion of the Court, no view of the dangerousness of narcotics to persons or society can justify such disproportionate punishment. It seems incomprehensible to the Court that a man involved in the sale of narcotics at the four corners in Rochester, may be prosecuted in Federal Court one block to the north, and may under Federal Law receive a probationary sentence but if he is prosecuted in this Court, one block to the south, he must receive a mandatory maximum of life imprisonment.
Therefore, what constitutional punishment should be imposed? The present law was enacted and became effective September 1, 1973. By reason of this decision the Court reinstitutes the law prior to that time and reclassifies the crime as a Class C felony. The defendant, following completion of his presentence investigation, will be sentenced thereunder but didn’t the court matured?
Stephen Bilkis & Associates has convenient offices throughout the New York Metropolitan area. Our legal team can provide you with advice to guide you through situations where an injury resulted because of another’s negligence. Whether you have been charged with a drug crime, sex crimes, or weapons possession, it is important to speak to legal counsel to ensure that your rights are protected.