Open season in New York:
“Manhattan’s new DA has ordered his prosecutors to stop seeking prison sentences for hordes of criminals and to downgrade felony charges in cases including armed robberies and drug dealing, according to a set of progressive policies made public Tuesday.
In his first memo to staff on Monday, Alvin Bragg said his office “will not seek a carceral sentence” except with homicides and a handful of other cases, including domestic violence felonies, some sex crimes and public corruption.
“This rule may be excepted only in extraordinary circumstances based on a holistic analysis of the facts, criminal history, victim’s input (particularly in cases of violence or trauma), and any other information available,” the memo reads.
Assistant district attorneys must also now keep in mind the “impacts of incarceration,” including whether it really does increase public safety, potential future barriers to convicts involving housing and employment, the financial cost of prison and the racial disparities over who gets time, Bragg instructed.
In cases where prosecutors do seek to put a convict behind bars, the request can be for no more than 20 years for a determinate sentence, meaning one that can’t be reviewed or changed by a parole board. “The Office shall not seek a sentence of life without parole,” the memo states. Under state law, that punishment is reserved for the most heinous of murderers, including terrorists, serial killers, cop killers and fiends who kill children younger than 14 during in connection with sex crimes or torture.
Bragg’s memo also detailed the following instructions for prosecutors to reduce charges filed by cops in various cases:
- Armed robbers who use guns or other deadly weapons to stick up stores and other businesses will be prosecuted only for petty larceny, a misdemeanor, provided no victims were seriously injured and there’s no “genuine risk of physical harm” to anyone. Armed robbery, a class B felony, would typically be punishable by a maximum of 25 years in prison, while petty larceny subjects offenders to up to 364 days in jail and a $1,000 fine.
- Convicted criminals caught with weapons other than guns will have those felony charges downgraded to misdemeanors unless they’re also charged with more serious offenses. Criminal possession of a weapon in the third degree, a class D felony, is punishable by up to 7 years behind bars.
- Burglars who steal from residential storage areas, parts of homes that aren’t “accessible to a living area” and businesses located in mixed-use buildings will be prosecuted for a low-level class D felony that only covers break-ins instead of for more serious crimes. Those more serious crimes, class B and class C felonies, would be punishable by up to 25 and up to 15 years in prison respectively.”
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