The New Bail Laws Explained
New York State’s new bail laws took effect New Year’s Day 2020. The new laws are the first major overhaul of the bail statute since the 1970s. The following describes the new laws in a nut shell:
Misdemeanors
With two exceptions, if you are arrested for a misdemeanor, bail cannot be set and YOU WILL BE RELEASED! The two exceptions are if you are charged with a misdemeanor sex crime like forceable touching or if you are charged with violating an order of protection. However, even if you are charged with one of the exceptions, that does not mean you will not be released. All it means is that bail Could be set. For all other misdemeanors, bail CANNOT be set.
Felonies
If you are charged with a non-violent felony, YOU WILL BE RELEASED. Common non-violent felony offenses include Grand Larceny and Drug Possession. You will also be released if you are charged with the violent offenses of Burglary in the Second Degree, Robbery in the Second Degree where it is alleged that the defendant was aided by another person, and Criminal Possession of a Weapon in the Third Degree.
Here is a list of all felony offenses for which bail CAN be set – 105.15 Conspiracy in the Second Degree to Commit Murder (PL 125) 105.17 Conspiracy in the First Degree 120.02 Reckless Assault of a Child 120.05 Assault in the Second Degree 120.06 Gang Assault in the Second Degree 120.07 Gang Assault in the First Degree 120.08 Assault on a Police Officer, etc. 120.09 Assault on a Judge 120.10 Assault in the First Degree 120.11 Aggravated Assault Upon a Police Officer 120.18 Menacing a Police Officer 120.60(1) Stalking in the First Degree 120.70(1) Luring a Child 121.12 Strangulation in the Second Degree 121.13 Strangulation in the First Degree 125.11 Aggravated Criminally Negligent Homicide 125.20 Manslaughter in the First Degree 125.21 Aggravated Manslaughter in the Second Degree 125.22 Aggravated Manslaughter in the First Degree 125.25 Murder in the Second Degree 125.26 Aggravated Murder 125.27 Murder in the First Degree 130.20 Sexual Misconduct 130.25 Rape in the Third Degree 130.30 Rape in the Second Degree 130.35 Rape in the First Degree 130.40 Criminal Sexual Act in the Third Degree 130.45 Criminal Sexual Act in the Second Degree 130.50 Criminal Sex Act in the First Degree 130.52 Forcible Touching 130.53 Persistent Sexual Abuse 130.55 Sexual Abuse in the Third Degree 130.60 Sexual Abuse in the Second Degree 130.65 Sexual Abuse in the First Degree 130.65-A Aggravated Sexual Abuse in the Fourth Degree 130.66 Aggravated Sexual Abuse in the third Degree 130.67 Aggravated Sex Abuse in the Second Degree 130.70 Aggravated Sexual Abuse in the First Degree 130.75 Course of sex against a Child the First Degree 130.80 Course of Sexual Conduct Against a Child in the Second Degree 130.85 Female Genital Mutilation 130.90 Facilitating a Sex offense with a Controlled Substance 130.91 A Sexually Motivated Felony 130.95 Predatory Sexual Assault 130.96 Predatory Sexual Assault Against Child 135.20 Kidnapping in the Second degree 135.25 Kidnapping in the First Degree 135.35(3)(A)&(B) Labor Trafficking 140.25(1) Burglary in the Second Degree (**140.25(2) = no bail) 140.30 Burglary in the First Degree 150.15 Arson in the Second Degree 150.20 Arson in the First Degree 160.10(2)&(3) Robbery in the Second Degree (**160.10(1) = no bail) 160.15 Robbery in the First Degree 215.11 Tampering with a Witness in the Third Degree 215.12 Tampering with a Witness in the Second Degree 215.13 Tampering with a Witness in the First Degree 215.15 Intimidating a Victim or Witness in the Third Degree 215.16 Intimidating a Witness in the Second Degree 215.17 Intimidating a Witness in the First Degree 215.50(3) Criminal Contempt in the Second Degree** 215.51(b), (c), or (d) Criminal Contempt in the First Degree** 215.52 Aggravated Criminal Contempt** **Only where protected party is defendant’s same family or household (as defined in CPL §530.11) 220.77 Operating as a Major Trafficker **(But no other 220 crimes) 230.05 Patronizing a Person for Prostitution in the Second Degree 230.06 Patronizing a Person for Prostitution in the First Degree 230.11 Aggravated Patronizing a Minor for Prostitution in the Third Degree 230.12 Aggravated Patronizing a Minor in the Second Degree 230.13 Aggravated Patronizing a Minor in the Third Degree 230.34(5)(A)&(B) Sex Trafficking 230.34-A Sex Trafficking of a Child 240.55 Falsely Reporting an incident in the Second Degree 240.60 Falsely Reporting an Incident in the First Degree 240.61 placing a False Bomb etc. in the Second Degree 240.62 Placing a False Bomb or Hazardous Substance in the First Degree 240.63 Placing a False Bomb or Hazardous Substance in a Sports Arena 255.25 Incest in the Third Degree 255.26 Incest in the Second Degree 255.27 Incest in the First Degree 263.05 Use of a Child in a Sexual Performance 263.30 Facilitating a Sexual Performance by a Child with a Controlled Substance or Alcohol 265.02(5), (6), (7), (8), (9), or (10) Criminal Possession of a Weapon in the Third Degree 265.03 Criminal Possession of a Weapon in the Second Degree 265.04 Criminal Possession of a Weapon in the First Degree 265.08 Criminal Use of a Firearm in the Second Degree 265.09 Criminal Use of a Firearm in the First Degree 265.11 Criminal Sale of a Firearm in the Third Degree 265.12 Criminal Sale of a Firearm in the Second Degree 265.13 Criminal Sale of a Firearm in the First Degree 265.14 Criminal Sale of a Firearm with the Aid of a Minor 265.19 Aggravated Criminal Possession of a Weapon 405.18 Aggravated Unpermitted Use of Indoor Pyrotechnics in First Degree 460.22 Aggravated Enterprise Corruption 470.23 Money Laundering in Support of Terrorism in the Second Degree 470.24 Money Laundering in Support of Terrorism in the First Degree 485.05 Hate Crimes 490.10 Soliciting Support for an Act of Terrorism in the Second Degree 490.15 Soliciting or Providing Support for an Act of Terrorism in the First Degree 490.25 Crime of Terrorism 490.30 Hindering Prosecution of Terrorism in the Second Degree 490.35 Hinder Prosecution of Terrorism in the First Degree 490.37 Criminal Possession of a Chemical Weapon in the Third Degree 490.40 Criminal Possession of Chemical Weapon in the Second Degree 490.45 Criminal Possession of a Chemical Weapon in the First Degree 490.47 Criminal Use of a Chemical Weapon in the Third Degree 490.50 Criminal Use of a Chemical Weapon in the Second Degree 490.55 Criminal Use of a Chemical or Biological Weapon in the First Degree
An ATTEMPT to commit any of the above crimes also qualifies for bail to be set except attempts to commit: 120.02 Reckless Assault of a Child 120.05 Assault in the Second Degree 120.18 Menacing a Police Officer or Peace Officer 120.60 Stalking in the First Degree 121.12 Strangulation in the Second Degree 215.50(3) Criminal Contempt in the Second Degree 215.51(b), (c), or (d) Criminal Contempt in the First Degree 215.52 Aggravated Criminal Contempt 240.60 Falsely Reporting and Incident in the First Degree 240.62 Placing a false bomb or hazardous Substance in the First Degree 240.63 Placing a False Bomb or Hazardous Substance in a Sports Stadium or Arena, etc. 265.02(5), (6), (7), (8), (9), or (10) Criminal Possession of a Weapon in the Third Degree 265.11 Criminal Sale of a Firearm in the Third Degree 405.18 Aggravated Unpermitted Use of Indoor Pyrotechnics in the First Degree.
The old law allowed for bail to be set on any offense and served as a machine to penalize the poor. Bail was determined by the defendant’s character, employment, ties to the community, criminal record, strength of case, potential sentences, and prior failures to come back to court.
The mantra of the new law is to set the least restrictive means to assure the defendant’s return to court. If the defendant is charged with an offense for which bail can be set, the Judge now must consider the defendant’s charges, activities and history, criminal record, prior flights from justice, and financial circumstances/ability to post bail without undue hardship when determining whether bail is the least restrictive means.
Bail is considered at arraignment. Arraignment will usually take place within 24 hours of arrest. This is one of the most important parts of a criminal case because it will determine whether a defendant is going to fight from the inside or outside. It is essential to hire an attorney who knows what arguments are relevant to persuade a Judge to release a defendant. Hiring an attorney like the ones at The Law Offices of Matthew Hunter can show a Judge that you are serious about your case and will show the prosecutor that they are up for a fight.