Just because you have been convicted of a crime doesn’t mean your entire life should end behind bars. Under certain circumstances, you may qualify for a compassionate release.
But getting your application for compassionate release approved may prove to be more of a challenge than you thought. Get help getting a piece of your life back when you reach out to an experienced New York criminal defense lawyer at Protass Law PLLC.
What is Compassionate Release?
Compassionate release refers to the process in which individuals who have been convicted and sentenced to time in prison may be immediately released from their facility. This can only be done when there are extraordinary circumstances that the courts could not have considered when the defendant was initially sentenced.
Compassionate release often involves the transfer of inmates from a prison facility to a community setting of their family, friends, and loved ones.
Who Qualifies for Compassionate Release?
Not every inmate will qualify for compassionate release. Generally, compassionate release is for inmates who have become seriously ill, injured, incapacitated, elderly, or can no longer receive the care they need in state prison facilities.
Who Doesn’t Qualify for Compassionate Release?
The number of inmates who will meet the criteria necessary to be approved for a compassionate release is few and far between. Some of the parties who will not qualify for compassionate release in New York include:
- Inmates convicted of first-degree murder
- Inmates convicted of conspiracy to commit murder in the first degree
Crimes That Require a Minimum Sentence
There are also instances in which you may need to complete a minimum amount of your sentence before you can qualify for compassionate release. Some of these crimes include:
- Second-degree murder
- Any type of sex crime
- First-degree manslaughter
- Attempted second-degree murder
- Attempted first-degree manslaughter
- Attempted criminal offenses of a sexual nature
You can find out whether you will meet the eligibility requirements for compassionate release in New York when you contact a respected criminal defense attorney for help.
What Parties Can Influence Compassionate Release?
There are many different parties involved in the compassionate release of an inmate. These parties include:
- The courts
- Healthcare providers in the prison facility
- Correctional administrators
- Parole boards
Factors That Determine Compassionate Release
For the deciding parties to grant compassionate release, they need to consider several factors, including:
- Whether there is a threat to public safety
- What terminal medical condition you are suffering from
- How impactful your terminal illness is at the time of your request for compassionate release
- Whether a debilitating illness or other medical condition causes physical or cognitive incapacitation.
These are just a few of the details that will be considered when you request compassionate release. Unfortunately, even if your request for compassionate release is approved, you may be surprised to find how challenging it is to find facilities that can accommodate your terminal medical condition.
Contact a New York Criminal Defense Attorney
If you have a terminal illness, have suffered critical injuries, or are otherwise facing the last days of your life, you may be able to seek compassionate release for your suffering. Get help figuring out how to accomplish this goal when you contact a dedicated New York criminal defense lawyer at Protass Law PLLC.
Schedule your initial consultation when you call our office at 212-455-0335. Or complete our online contact form, and someone from our office will reach out to you to discuss the specific details of your conviction and medical condition.