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If you are looking for a New York defense attorney to help withdrug related or other criminal or DUI offense see Practice Areaspage or go to our Complimentary Resources for more information. If you are looking for specific drug offense information regarding the Rockefeller Drug Laws, see the chart below.

Drug law reform groups have asked the Sentencing Commission to go further in reducing the devastating impact of the Rockefeller Drug Laws. Many groups and advocates are trying to seek reform for these draconian and unjust drug laws.

Sentencing chart for drug offenses under Rockefeller Drug Law Reform

Class A-I First Offense

* Determinate Sentence Term: 8-20
* Post-Release Supervision: 5
* Probation Permitted: No
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: A-I
* Parole Supervision Sentence Permitted: No
* Shock Permitted: No
* CASAT Sentence Permitted: Yes

Class A-I Prior Non-Violent

* Determinate Sentence Term: 12-24
* Post-Release Supervision: 5
* Probation Permitted: No
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: A-I
* Parole Supervision Sentence Permitted: No
* Shock Permitted: No
* CASAT Sentence Permitted: Yes

Class A-I Prior Violent

* Determinate Sentence Term: 15-30
* Post-Release Supervision: 5
* Probation Permitted: No
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: A-I
* Parole Supervision Sentence Permitted: No
* Shock Permitted: No
* CASAT Sentence Permitted: Yes

Class A-II First Offense

* Determinate Sentence Term: 3-10
* Post-Release Supervision: 5
* Probation Permitted: Yes/Life1
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: A-II
* Parole Supervision Sentence Permitted: No
* Shock Permitted: Yes3
* CASAT Sentence Permitted: Yes

Class A-II Prior Non-Violent

* Determinate Sentence Term: 6-14
* Post-Release Supervision: 5
* Probation Permitted: Yes/Life1
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: A-II
* Parole Supervision Sentence Permitted: No
* Shock Permitted: No
* CASAT Sentence Permitted: Yes

Class A-II Prior Violent

* Determinate Sentence Term: 8-17
* Post-Release Supervision: 5
* Probation Permitted: No
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: A-II
* Parole Supervision Sentence Permitted: No
* Shock Permitted: No
* CASAT Sentence Permitted: Yes

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Class B First Offense

* Determinate Sentence Term: 1-9
* Post-Release Supervision: 1-2
* Probation Permitted: Yes/251
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: Yes
* Attempt: C
* Parole Supervision Sentence Permitted: No
* Shock Permitted: Yes3
* CASAT Sentence Permitted: Yes

Class B Sale Near School

* Determinate Sentence Term: 2-9
* Post-Release Supervision: 1-2
* Probation Permitted: Yes/251
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: Yes
* Attempt: C
* Parole Supervision Sentence Permitted: No
* Shock Permitted: Yes3
* CASAT Sentence Permitted: Yes

Class B Prior Non-Violent

* Determinate Sentence Term: 3 1/2-12
* Post-Release Supervision: 1 1/2-3
* Probation Permitted: Yes/Life1
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: C
* Parole Supervision Sentence Permitted: No
* Shock Permitted: No
* CASAT Sentence Permitted: Yes

Class B Prior Violent

* Determinate Sentence Term: 6-15
* Post-Release Supervision: 1 1/2-3
* Probation Permitted: No
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: C
* Parole Supervision Sentence Permitted: No
* Shock Permitted: No
* CASAT Sentence Permitted: Yes

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Class C First Offense

* Determinate Sentence Term: 1-5 1/2
* Post-Release Supervision: 1-2
* Probation Permitted: Yes/5
* Alternative Definite Sentence Permitted: Yes
* Y.O. Permitted: Yes
* Attempt: D
* Parole Supervision Sentence Permitted: No
* Shock Permitted: Yes
* CASAT Sentence Permitted: Yes

Class C Prior Non-Violent

* Determinate Sentence Term: 2-8
* Post-Release Supervision: 1 1/2-3
* Probation Permitted: No
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: D
* Parole Supervision Sentence Permitted: No
* Shock Permitted: Yes3
* CASAT Sentence Permitted: Yes

Class C Prior Violent

* Determinate Sentence Term: 3 1/2-9
* Post-Release Supervision: 1 1/2-3
* Probation Permitted: No
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: D
* Parole Supervision Sentence Permitted: No
* Shock Permitted: No
* CASAT Sentence Permitted: Yes

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Class D First Offense

* Determinate Sentence Term: 1-2 1/2
* Post-Release Supervision: 1
* Probation Permitted: Yes/5
* Alternative Definite Sentence Permitted: Yes 1 or less
* Y.O. Permitted: Yes
* Attempt: E
* Parole Supervision Sentence Permitted: No
* Shock Permitted: Yes
* CASAT Sentence Permitted: Yes

Class D Prior Non-Violent

* Determinate Sentence Term: 1 1/2-4
* Post-Release Supervision: 1-2
* Probation Permitted: No
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: E
* Parole Supervision Sentence Permitted: Yes2
* Shock Permitted: Yes3
* CASAT Sentence Permitted: Yes

Class D Prior Violent

* Determinate Sentence Term: 2 1/2-4 1/2
* Post-Release Supervision: 1-2
* Probation Permitted: No
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: E
* Parole Supervision Sentence Permitted: No
* Shock Permitted: No
* CASAT Sentence Permitted: Yes

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Class E First Offense

* Determinate Sentence Term: 1-1 1/2
* Post-Release Supervision: 1
* Probation Permitted: Yes/5
* Alternative Definite Sentence Permitted: Yes 1 or less
* Y.O. Permitted: Yes
* Attempt: A misdemeanor
* Parole Supervision Sentence Permitted: No
* Shock Permitted: Yes
* CASAT Sentence Permitted: Yes

Class E Prior Non-Violent

* Determinate Sentence Term: 1 1/2-2
* Post-Release Supervision: 1-2
* Probation Permitted: No
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: A misdemeanor
* Parole Supervision Sentence Permitted: Yes
* Shock Permitted: Yes3
* CASAT Sentence Permitted: Yes

Class E Prior Violent

* Determinate Sentence Term: 2-2 1/2
* Post-Release Supervision: 1-2
* Probation Permitted: No
* Alternative Definite Sentence Permitted: No
* Y.O. Permitted: No
* Attempt: A misdemeanor.
* Parole Supervision Sentence Permitted: No
* Shock Permitted: No
* CASAT Sentence Permitted: Yes

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Rockefeller Sentencing Information from Center for Community Alternatives at www.communityalternatives.org

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Rockefeller Drug Laws

New York's Rockefeller Drug Laws (enacted in 1973) are among the harshest mandatory minimum sentencing programs in the in united states. There are many activists and organizations that push to bring about reform of these harsh laws.

The Rockefeller Drug Laws require judges to give drug offenders mandatory minimum sentences without considering any other factos, such as:

• background
• character
• role in the offense
• danger or threat to society

Also, these laws do not allow judges to recommend appropriate offenders into treatment. Mandatory minimums give prosecutors too much power over how drug offenders are sentenced and unlike decisions made by judges, prosecutors' decisions are not subject to review.

Since judges cannot take individual offenders circumstances (mitigating factors) into account in sentencing, the only way to receive a lower sentence is to cooperate with the prosecution. What this means is that those who are most able to provide information about the drug possession, trafficking are those who are the most heavily involved. As a result, people that are involved at lower levels often end up with longer sentences because they have much less information to give the prosecution.

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In April 2004 the New York State Assembly and Senate formed acommittee to discuss Rockefeller Drug Law reform. Real Reform 2004, is working actively to help reduce sentencing, allow for drug treatment and other treatment programs, help people already serving time under Rockefeller Drug Laws and allow judges more discretion.

Mandatory Minimum Sentence
In 1986 Congress enacted mandatory minimum sentencing laws. These laws ended up forcing judges to use fixed sentences to offenders convicted of drug crimes, regardless of their involvement or other mitigating factors. Federal mandatory drug sentences are determined based on:

• type of drug
• weight of the drug mixture
• the number of prior convictions
  
  

These laws do not allow judges to consider any other important factors (the person's role, motivation, and the likelihood of reoffending). Only by providing the prosecutor with "substantial assistance" (which usually means people much more involved), may defendants have any chance to reduce their mandatory sentences. This ends up being a BIG incentive for people charged with drug offenses to provide false information in order to receive a shorter sentence.

Rockefeller Drug Law Information from the Drug Policy Alliance http://www.drugpolicy.org/statebystate/newyork/rockefellerd/

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Rockefeller Drug Laws

New York Criminal Defense
Rockefeller Drug Laws