If a conviction for a felony in New York was not bad enough, New York Penal Law section 80.00 sets forth the potential fines that could accompany a felony plea or a felony conviction. Pursuant to New York Penal Law 80.00(1), a court can fine a defendant the greater of (a) five thousand dollars ($5,000) or (b) two times the amount of the monies or property that the defendant gained from his or her crime. If there is a felony conviction for a drug or marijuana offense, there is a distinct and separate fine schedule.
“Gain” is defined not merely by what was misappropriated, whether it be money or property, but by the value obtained less what has been returned. In other words, if $10,000 was stolen, but $2,500 was returned to a victim, the “gain” would be $7,500. Should the evidence not clearly establish this gain, your New York criminal lawyer may demand a hearing on the issue where the court can ascertain the appropriate number.
For information on misdemeanor and violation fines in New York (NY PL 80.05), please follow the link.
Additional content on New York criminal statutes, legal decisions and interesting cases in the news can be found on the New York Criminal Lawyer Blog.
Representing clients in the greater New York City area, the New York criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC handle all stages of criminal litigation from investigation and arrest through hearings and trial.