Three Strikes and You’re Out? What You Need to Know About New York’s Persistent Violent Felony Offender Law
New York has some of the toughest sentencing laws in the country for repeat offenders. One of the most severe is the Persistent Violent Felony Offender Law, which can result in a life sentence for individuals convicted of multiple violent felonies. If you or a loved one is facing felony charges in New York, understanding this law is crucial, as it could mean the difference between a set prison term and spending the rest of your life behind bars. Here’s what you need to know about New York’s three-strikes rule for violent felonies and how it can impact your case. In Orange County and the Hudson Valley, contact Dupée & Monroe, P.C., for practical advice and professional assistance from a skilled and experienced Goshen criminal defense lawyer.
What Is New York’s Persistent Violent Felony Offender Law?
Under New York Penal Law § 70.08, a person is considered a Persistent Violent Felony Offender if they are convicted of a violent felony and have two or more prior violent felony convictions. Unlike some states that have broad “three-strikes” laws covering any felony, New York’s law specifically targets violent felonies.
If convicted as a Persistent Violent Felony Offender, the defendant must be sentenced to an indeterminate life sentence, with a minimum prison term ranging from 20 to 25 years. This means they will serve at least the minimum before becoming eligible for parole.
What Crimes Qualify as Violent Felonies?
New York law classifies many offenses as violent felonies, including but not limited to:
- Murder
- Manslaughter
- Rape and other sex offenses
- Robbery (first and second degree)
- Burglary (first and second degree)
- Assault (first and second degree)
- Criminal possession of a weapon (first and second degree)
The key factor is that the previous convictions must also be for violent felonies. Non-violent felonies do not count toward Persistent Violent Felony Offender status.
How Prior Convictions Affect Sentencing
To be sentenced as a Persistent Violent Felony Offender in New York, the court must determine that:
- The defendant has at least two prior violent felony convictions.
- The prior convictions occurred within a certain time frame—typically, the sentencing for the new offense must occur within ten years of the most recent prior conviction (excluding time spent incarcerated).
- The prior convictions resulted in state prison sentences of at least one year each.
If these conditions are met, the judge is required to impose an indeterminate sentence with a maximum life sentence, making legal defense critical.
Is There Any Way to Avoid a Persistent Violent Felony Offender Sentence?
Yes, there are legal strategies that may help avoid a life sentence under this law. These include:
- Challenging Prior Convictions: If a prior conviction was unlawful or involved a violation of constitutional rights, it may be possible to have it overturned or excluded from consideration.
- Plea Bargaining: In some cases, a skilled defense attorney may negotiate a plea deal to reduce the current charge to a non-violent felony, which would prevent a mandatory life sentence.
- Arguing for Judicial Discretion: While sentencing guidelines are strict, an attorney can present mitigating circumstances to argue against applying the Persistent Violent Felony Offender designation.
Why You Need an Experienced NY Criminal Defense Attorney
Facing a violent felony charge in New York is serious enough, but if you have prior convictions, the stakes are even higher. At Dupée & Monroe, P.C., our experienced criminal defense attorneys understand the complexities of New York’s Persistent Violent Felony Offender Law. We aggressively defend our clients, exploring every possible avenue to reduce charges, challenge prior convictions, and fight for the best possible outcome.
If you or a loved one has been charged with a violent felony in Orange County or the Hudson Valley, don’t wait to get a dedicated lawyer on your side. Contact Dupée & Monroe, P.C. today, and let us help protect your future.
