Like with any other conviction, when it comes to the possible sentences, there are a number of variations. For instance, under Penal Law 60.01(3)(a) and 70.15(1), a definite sentence of imprisonment may be imposed for up to 1 year. On the other hand, under Penal Law 60.01(2)(a)(ii) and 85.00, it is also possible the court could sentence one to intermitted imprisonment For any term that could be imposed as a definite sentence, if the court is not imposing any other sentence of imprisonment upon the defendant at the same time, and if the defendant is not under any other sentence of imprisonment having a term in excess of 15 days imposed by any other court.
The sentence could, alternatively, be a “split sentence” which would include both imprisonment and either 2 or 3 years of probation or 1 year of conditional discharge. Under Penal Law 60.01(2)(d) and 65.00(3)(b)(I), the imprisonment may be either a definite sentence of imprisonment of up to 60 days, or intermittent imprisonment of up to 4 months.
If the person is convicted satisfies the conditions, it is also possible her or she could receive probation for 2 or 3 years if (i) institutional confinement for the term authorized by law is or may not be necessary for the protection of the public, (ii) the defendant is in need of guidance, training or other assistance which, in his case, can be administered through Probation supervision, and (iii) such disposition is not inconsistent with the ends of justice.
On the other hand, if the defendant agrees to participate in a treatment program, he or she could receive interim probation for up to one, which could be extended for an additional years.
Finally, the court could sentence defendant to either a conditional discharge (no jail time but several conditions attached, possibly related to a treatment program) or an unconditional discharge (no jail time and no conditions attached).
Clearly, it is difficult to predict what the result will be. In terms of fines, it is possible, under Penal Law 60.01(2)(c), 60.01(3)(b), 60.01(3)(c), and 80.05, the defendant will be fined up to 1,000 dollars or double the defendant’s gain from the crime may be imposed by itself or in addition to imprisonment, intermittent imprisonment, probation, or conditional discharge.
The defendant must also pay a mandatory surcharge of 175 dollars (or 180 dollars if the proceeding is in a town or village court) and a crime victim assistance fee of 25 dollars, unless restitution or reparation has been made. Unless a jail term in excess of 60 days is imposed, a town or village court may, and all other courts shall, issue a summons directing the defendant to appear in court in 60 days if the mandatory surcharge remains unpaid.
If a victim is seeking restitution or reparation, the court may consider additional restitution, but must state the reasons on the record. If restitution is ordered, the amount will be increased by a 5 percent surcharge that goes to the collection agency. An additional surcharge of up to 10% may be collected upon the filing of an affidavit by the collecting agency and approval by the sentencing court. Penal Law 60.27(8); CPL 420.10(8). In almost all cases the collecting agency will be the local County Probation Department.
Finally, A 50-dollar DNA databank fee must be imposed in addition to the mandatory surcharge and crime victim assistance fee. And after sentencing the defendant must provide a DNA sample for the state DNA identification index.