WHAT IS A CLASS B FELONY OF ATTEMPTED MURDER FOR A 16 YR OLD KID

A Class B violent felony is punishible by a minimum setence of 5 year and a maximum sentence of 25 years. The court has discretion to grant your cousin youthful offender status, which could result in a max sentence of 1 1/3 to 4 years, but the court is not obligated to grant y/o on a B violent felony. I suggest your cousin's family look into hiring a qualified criminal attorney to represent him, as this is a very serious case. Should you have any further questions, please feel free to contact me at anytime. Yours truly, Tom Kenniff

I agree with Mr. Kenniff’s analysis. An adult first time felony offender convicted of a class B violent felony is facing a determinate sentence in whole or half year between 5 and 25 years plus 2 1/2 to 5 years post release supervision. . [PL§§ 70.06(3) (a) and 70.45(2)]]. A youthful offender finding may be substituted for a felony conviction. PL 60.02(2). Therefore, the court may impose any sentence authorized for a class E felony. PL §60.02(2). The greatest such sentence is 1 1/3 to 4 years. PL §70. However, there are other lesser possible sentences. See: PL §§60 and 65. A youthful offender sentence would also avoid a criminal record. However, given the nature of the charge there is no guarantee that the court will grant him youthful offender status. I also agree that the accused or his parent/guardian needs to exercise his right to remain silent and his right to an attorney. If he or his parent/guardian cannot afford an attorney, the court will appoint him an attorney at no cost.

Once an individual reaches the age of 16 he is considered an adult for prosecution purposes in NY. As such, your cousin could face a prison sentence of between 5 to 25 years plus a period of post release supervision (parole) of between 3 and 5 years if he is convicted. He may be eligible to be treated as a youthful offender wherein the record would be sealed and his criminal conviction expunged. However,he could still face a state prison sentence of 1 1/2 - 4 years. Youthful Offender adjudication is discretionary with the sentencing judge and there is no guarantee that he will grant YO, especially due to the violent nature of the offense. Your cousin should consult with a criminal attorney and not discuss this matter with anybody else, including members of law enforcement.