Criminal & White-Collar Appeals · Legal briefing
Sentencing Appeals & Rehabilitation
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
Your sentence appears materially harsher than outcomes in comparable tax, financial or drug cases.
The legal position
Penal Law Amendment 113 structures sentencing discretion, including proportionality and the range under sections 40B–40C. Sections 40D and 40E govern departures for rehabilitation and public protection under their conditions. Appellate intervention requires a justified error or departure, rather than every possible difference in weighting. Rehabilitation does not guarantee removal of imprisonment or departure from the range. Official source 1 Official source 2
Your next step
Collect reports, treatment evidence and sentencing reasons. Examine the range and individual sentence, with supported later developments through the proper procedure. Compare genuinely similar circumstances rather than the lowest sentence found.