Justice Navigator
Types of Sentences in New York State
Understand the potential outcomes and punishments in a criminal case.
Definition
A dismissal is not a sentence, but the best possible outcome. It means the case against you is dropped and is completely over. There is no conviction.
Pros & Cons
- Pro: You are not found guilty and you will not have a criminal record from this case.
- Con: There are no cons to a dismissal.
Unconditional Discharge
This is a conviction, but the judge decides no punishment is necessary. You are "discharged" without any conditions.
- Pro: You do not have to pay a fine, do community service, or be on probation.
- Con: It is still a criminal conviction that will be on your record.
Conditional Discharge
This is a conviction where the judge releases you without jail time, but with specific conditions you must follow for a set period (usually one year for misdemeanors). If you follow the rules, the case is closed. If you don't, you can be re-sentenced to something worse.
- Pro: You avoid jail and probation.
- Con: You still have a conviction on your record and you must follow the judge's rules.
Fines
A fine is a specific amount of money you must pay to the court as a punishment for a conviction.
- Pro: A fine-only sentence means no jail time or supervision.
- Con: It can be expensive, and not paying it can lead to more legal trouble. It is part of a conviction.
Restitution
This is money you are ordered to pay directly to the victim of the crime to cover their financial losses (e.g., for damaged property or medical bills).
- Pro: It can sometimes be part of a sentence that avoids jail.
- Con: It is a financial obligation on top of any other fines or penalties.
Probation
A sentence where you live in the community but are supervised by a probation officer. You must follow strict rules.
- Pro: You are not incarcerated and can live at home.
- Con: You lose some freedom and privacy. Breaking the rules can land you in jail or prison.
Jail
A local facility (run by a county or city) for people serving sentences of one year or less (usually for misdemeanors).
- Pro: Sentences are shorter than prison.
- Con: You lose your freedom completely.
Prison
A state-run facility for people serving sentences of more than one year (for felonies).
- Pro: There are no pros to a prison sentence.
- Con: It is the most serious punishment, involving a long loss of freedom and significant consequences after release.