Penal Law Articles 10, 55, 80 Flashcards
Felonies are classified into FIVE (5) categories for the purpose of sentence:
Class A Class B Class C Class D Class E
Two (2) sub classes of Class A Felonies:
Subclass I, aka A-I Subclass II, aka A-II
Misdemeanors are categorized into THREE (3) categories:
Class A
Class B
Unclassified
What is a felony not classified by this chapter, which can result in a term of imprisonment of MORE than one year?
Class E Felony
Any offense defined outside the Penal Law but declared to be a Misdemeanor and they have no classification or the sentence to be imposed shall be deemed a…
Class A Misdemeanor
If an offense is defined outside this chapter and a sentence to a term of imprisonment in excess of 15 days, but not more than 1 Year, it shall be deemed an _________.
Unclassified Misdemeanor
Term of imprisonment cannot be more than 15 days or the only sentence is a fine is called ___________.
Violation
______ is an offense will still be considered a violation, even if the sentence is longer than 15 days, as long as the offense was not considered a crime prior to the date of this chapter.
Special Violation Rule
_______ are not deemed violations or misdemeanors solely based upon the sentence prescribed
Traffic Infractions
Each misdemeanor defined in this chapter is
either a class A or Class B Misdemeanor
An ______ is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law or ordinance of a political subdivision of this state, or by any order, rule or regulation of any governmental instrumentality authorized by law to adopt the same.
Offense
Any offense defined as “_______” by section 155 of the vehicle/traffic law. Not a crime (aka not a misdemeanor or felony).
Traffic Infraction
______ is an offense, other than a “traffic infraction” for which a sentence to a term of imprisonment in excess of 15 days CANNOT be imposed. Not a crime.
Violation
_________ is an offense, other than a “traffic infraction”, for which a sentence to a term of imprisonment in excess of fifteen days MAY be imposed, but for which a sentence to a term of imprisonment in excess of one year CANNOT be imposed. This is a crime.
Misdemeanor
________ is an offense for which a sentence to a term of imprisonment in excess of one year MAY be imposed. This is a crime. – Can be more or less than a year, doesn’t HAVE to be more.
Felony
A __________ is a misdemeanor or a felony.
Crime
A _______ is a human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or governmental instrumentality.
person
To have physical possession or otherwise to exercise dominion or control over tangible property.
Possess
_______ is impairment of physical condition or substantial pain.
Physical injury
________ is a physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
Serious Physical Injury
_________ is physical force which, under the circumstance in which it is used, is readily capable of causing death or other physical injury.
Deadly Physical Force
________ is any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.
Deadly Weapon
___________ is any instrument, article, or substance, including a “vehicle”, as that term is defined in this section, which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.
Dangerous Instrument
A “motor vehicle”, “trailer” or “semi-trailer,” as defied in the vehicle and traffic law, any snowmobile as defied in he parks and recreation law, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.
Vehicle
______ is (a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state, (b) any person exercising the function of any such public officer or employee.
Public Servant
The term public servant includes a person who has been elected or designated to become a public servant.
_________ is any person who is a member of any jury, including a grand jury, impaneled by any court in this state or by any public servant authorized be law to impanel a jury.
Juror
The term juror also includes a person who has been drawn or summoned to attend as a prospective juror.
__________ is any gain or advantage to the beneficiary and includes any gain or advantage to a third person pursuant to the desire or consent of the beneficiary.
Benefit
(1) person 13 years old who is criminally responsible for acts constituting murder in the second degree or such conduct as a sexually motivated felony, OR
(2) A person 14 or 15 years old who is criminally responsible for acts constituting the crimes such as murder in the 2nd degree, kidnapping in the first degree, arson in the first & second degree, assault in the first degree, manslaughter in the first degree, rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, burglary in the first & second degree, robbery in the first & second degree, where machine gun or such firearm is possessed on school grounds, an attempt to commit murder in the second degree or kidnapping in the first degree, or such conduct as a sexually motivated felony.
Juvenile Offender (JO)
All _____ should be considered the MAXIMUM allowable under the law.
Fines
Fine for a Felony is a sentence to pay an amount, fixed by the court, not exceeding ______________.
$5,000 or double the gain from the crime
Fines for crimes of Government Corruption can be _________.
Hint: There are (3) Branches of government.
Three (3) times the defendants gain from the crime
Hint: There are (3) Branches of government, therefore 3 times the gain.
Drug Felony Fines: \_\_\_\_ for A-1, \_\_\_\_for A-II, \_\_\_\_ for B, \_\_\_\_for C.
$100k for A-1, $50K for A-II, $30k for B, $15k for C. Court can take into consideration many factors including profit gained by defendant, impact on victims, economic status of the defendant, ability to pay the fine, etc. A hearing may be held to make these determinations.
Fine for a Felony (SHALL/SHALL NOT) apply to a corporation.
SHALL NOT
Money collected by the court in EXCESS of ____ for drug felonies shall become the property of NYS and state comptroller SHALL direct these funds to the Rehabilitative alcohol and substance treatment fund.
$5,000
When the Court imposes a fine for a crime involving cemetery desecration, no less than _____ shall be credited to the state cemetery vandalism restoration and administration fund.
10%
Fine for Class A Misdemeanor fixed by the court is _____ OR 2x the property value being unlawfully disposed of — except in PL 215.80 (unlawful disposition of assets subject to forfeiture)
$1,000
Fine for Class B Misdemeanor is not exceeding _____ .
$500
Fine for Unclassified Misdemeanor is ____________.
Fixed by the court in accordance with the laws that defines the crimes
Fine for a Violation is fixed by the court and not exceeding ______.
$250
If a defendant has gained money or property through the commission of a misdemeanor or violation, the court can impose a fine not exceeding _______________.
double the amount of the gain
Fines for Misdemeanors and Violations for a person _______ apply to corporations
SHALL NOT
Fines for a Corporation -
____ for a Felony,
____ for a Class A Misdemeanor or Unclassified Misdemeanor with a sentence GREATER than 3 months being authorized,
____ for a Class B Misdemeanor or Unclassifed Misdemeanor with an authorized sentence less than 3 months,
____ for a Violation,
OR any higher amount NOT EXCEEDING DOUBLE the amount of corporate gain from the crime.
$10k for a felony
$5k for class a mis
$2k for class b mis
$500for a violation
Fines for crimes of government corruption _________________.
can be (3) THREE times the defendants gain from the crime.
Hint: There are (3) Branches of government, therefore 3 times the gain
Multiple Offenses stemming from the same act will only have a fine imposed on one _______, regardless if a sentence of imprisonment is imposed on one or both of the offenses as well. **Does not apply to offenses in vehicle and traffic law.
one of the acts
