Penal Law Fines

Question 1

Maximum fine for Felony offenses:

Answer 1

$5,000.00 OR double the gain from the crime - not to exceed the higher of the two.

Question 2

For felonies related to GOVERNMENT Corruption, the maximum fine can be:

Answer 2

3 (three) times the defendants gain from the crime.

FutureClerk Hint: There are 3 (three) branches of government, therefor 3 times the gain.

Question 3

Maximum fine for an A-I drug felony

Answer 3

$100,000.00

Question 4

Maximum fine for an A-II drug felony

Answer 4

$50,000

Question 5

Maximum fine for a class B drug felony

Answer 5

$30,000

Question 6

Maximum fine for a class C drug felony

Answer 6

$15,000

Question 7

What factors can the Court take into consideration when setting a fine amount under Article 80 of the Penal Law?

Answer 7

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

Question 8

Do the provisions of Article 80.00 and 80.05 apply to corporations?

Answer 8

The provisions SHALL NOT apply to a corporartion. Fines for corporations are covered in PL80.10.

Question 9

All money collected by the Court in excess of $5000.00 for drug felonies shall become the property of whom?

Answer 9

NYS and the state comptroller shall direct these funds to the Rehabilitative alcohol and substance treatment fund.

Question 10

A sentence to pay a fine for a felony set forth in the Vehicle and Traffic Law shall be…

Answer 10

a sentence to pay an amount as set by the court in accordance with that law.

Question 11

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?

Answer 11

No less than 10%

Question 12

Class A misdemeanor

Answer 12

$1,000 except PL 215.80 (unlawful disposition of assets subject to forfeiture) which will be 2x the property value being unlawfully disposed of.

Question 13

Class B misdemeanor

Answer 13

$500.00

Question 14

Unclassified misdemeanor

Answer 14

Fixed by the Court in according with the laws that define the crime. i.e. The offense will have its own fine assigned

Question 15

Violation

Answer 15

$250.00

Question 16

If the violation is defined outside the Penal Law and the amount of the fine is expressly specified in that law, then…

Answer 16

the fine will be fixed in accordance with that law.

Question 17

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?

Answer 17

Double the amount of the gain, however, violations and misdemeanors of the environmental conservation law cannot have fines in excess of $5000.00

Question 18

What can be held should findings and determinations are needed to be made regarding the gain from a crime?

Answer 18

A hearing.

Question 19

Fine for a corporation Felony:

Answer 19

$10,000.00

Question 20

Fine for a corporation Class A misdemeanor or unclassified Misdemeanor with a sentence GREATER than 3 months being authorized:

Answer 20

$5,000.00

Question 21

Fine for a corporation Class B misdemeanor or Unclassified Misdemeanor with an authorized sentence LESS than 3 months

Answer 21

$2,000.00

Question 22

Fine for a corporation Violation

Answer 22

$500.00

Question 23

Besides the fines listed for the corporations, the fine can ALSO be (i.e. but not in addition to):

Answer 23

A higher amount not exceeding double the amount of corporate gain from the crime.

Question 24

Crimes of Government corruption by corporations can have fine of

Answer 24

3 (three) times the defendant’s gain from the crime.

FutureClerk Hint: 3 branches of government, 3 times the gain.

Question 25

For corporate offenses defined outside the penal law, the fine for the corporation shall be…

Answer 25

set in accordance with that law, although the rule for either 2x or 3x the gain of the crime still applies.

Question 26

Multiple offenses stemming from the same act will have a fine imposed on how many of the offenses?

Answer 26

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.