Three Strikes and Habitual Offender Laws in New York
How New York law treats three strikes and habitual offender laws, from the state code and official state agencies.
Short answer: New York has two repeat-offender laws. A persistent violent felony offender (convicted of a violent felony after two or more prior violent felony convictions) must receive an indeterminate sentence with a maximum of life imprisonment; N.Y. Penal Law 70.08(1)-(3); 70.10(1)-(2)
| Three strikes and habitual offender laws | New York has two repeat-offender laws. A persistent violent felony offender (convicted of a violent felony after two or more prior violent felony convictions) must receive an indeterminate sentence with a maximum of life imprisonment; the minimum must be at least 20 years for a class B felony, 16 years for a class C and 12 years for a class D (in each case not more than 25 years). For crimes covered by the version effective September 1, 2027, those minimums become at least 10, 8 and 6 years. A persistent felony offender (any felony after two or more prior felony convictions) may, if the court finds extended incarceration and lifetime supervision best serve the public interest, be sentenced as for a class A-I felony (up to life). Persistent felony offender: https://www.nysenate.gov/legislation/laws/PEN/70.10 . |
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FAQ
Does New York have a three strikes law?
New York has two repeat-offender laws. A persistent violent felony offender (convicted of a violent felony after two or more prior violent felony convictions) must receive an indeterminate sentence with a maximum of life imprisonment; the minimum must be at least 20 years for a class B felony, 16 years for a class C and 12 years for a class D (in each case not more than 25 years). For crimes covered by the version effective September 1, 2027, those minimums become at least 10, 8 and 6 years. A persistent felony offender (any felony after two or more prior felony convictions) may, if the court finds extended incarceration and lifetime supervision best serve the public interest, be sentenced as for a class A-I felony (up to life).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.