Penal Law Fines Flashcards
Maximum fine for Felony offenses:
$5,000.00 OR double the gain from the crime - not to exceed the higher of the two.
For felonies related to GOVERNMENT Corruption, the maximum fine can be:
3 (three) times the defendants gain from the crime.
FutureClerk Hint: There are 3 (three) branches of government, therefor 3 times the gain.
Maximum fine for an A-I drug felony
$100,000.00
Maximum fine for an A-II drug felony
$50,000
Maximum fine for a class B drug felony
$30,000
Maximum fine for a class C drug felony
$15,000
What factors can the Court take into consideration when setting a fine amount under Article 80 of the Penal Law?
Profit gained by defendant, impact on victims, economic status of the defendant, ability to pay the fine, etc.
NOTE: A HEARING MAY BE HELD TO MAKE THESE DETERMINATIONS
Do the provisions of Article 80.00 and 80.05 apply to corporations?
The provisions SHALL NOT apply to a corporartion. Fines for corporations are covered in PL80.10.
All money collected by the Court in excess of $5000.00 for drug felonies shall become the property of whom?
NYS and the state comptroller shall direct these funds to the Rehabilitative alcohol and substance treatment fund.
A sentence to pay a fine for a felony set forth in the Vehicle and Traffic Law shall be…
a sentence to pay an amount as set by the court in accordance with that law.
When the Court imposes a fine for a crime involving cemetery desecration, how much of the fine shall be credited to the state cemetery vandalism restoration and administration fund?
No less than 10%
Class A misdemeanor
$1,000 except PL 215.80 (unlawful disposition of assets subject to forfeiture) which will be 2x the property value being unlawfully disposed of.
Class B misdemeanor
$500.00
Unclassified misdemeanor
Fixed by the Court in according with the laws that define the crime. i.e. The offense will have its own fine assigned
Violation
$250.00
If the violation is defined outside the Penal Law and the amount of the fine is expressly specified in that law, then…
the fine will be fixed in accordance with that law.
If the defendant has gained money or property through the commission of a misdemeanor or violation, the Court can impose a fine for how much?
Double the amount of the gain, however, violations and misdemeanors of the environmental conservation law cannot have fines in excess of $5000.00
What can be held should findings and determinations are needed to be made regarding the gain from a crime?
A hearing.
Fine for a corporation Felony:
$10,000.00
Fine for a corporation Class A misdemeanor or unclassified Misdemeanor with a sentence GREATER than 3 months being authorized:
$5,000.00
Fine for a corporation Class B misdemeanor or Unclassified Misdemeanor with an authorized sentence LESS than 3 months
$2,000.00
Fine for a corporation Violation
$500.00
Besides the fines listed for the corporations, the fine can ALSO be (i.e. but not in addition to):
A higher amount not exceeding double the amount of corporate gain from the crime.
Crimes of Government corruption by corporations can have fine of
3 (three) times the defendant’s gain from the crime.
FutureClerk Hint: 3 branches of government, 3 times the gain.
For corporate offenses defined outside the penal law, the fine for the corporation shall be…
set in accordance with that law, although the rule for either 2x or 3x the gain of the crime still applies.
Multiple offenses stemming from the same act will have a fine imposed on how many of the offenses?
1 (one), even if a sentence of imprisonment is imposed on one or both of the offenses as well. THIS DOES NOT APPLY TO OFFENSES SET FORTH IN THE VEHICLE AND TRAFFIC LAW.
