Manhattan District Attorney Alvin Bragg Must Be Removed From Office for Endangering Public Safety
Gov. Hochul is the Only Official With The Authority to Remove Him From Office
In his first memo to staff on Monday, Jan 3rd, Alvin Bragg said his office “will not seek a carceral sentence” except with homicides and a handful of other cases, including domestic violence felonies, some sex crimes, and public corruption.
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Bragg’s memo detailed the following instructions for prosecutors to reduce charges filed by cops in various cases:
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- Armed robbers who use guns or other deadly weapons to stick up stores and other businesses will be prosecuted only for petty larceny, a misdemeanor, provided no victims were seriously injured and there’s no “genuine risk of physical harm” to anyone. Armed robbery, a class B felony, would typically be punishable by a maximum of 25 years in prison, while petty larceny subjects offenders to up to 364 days in jail and a $1,000 fine.
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- Convicted criminals caught with weapons other than guns will have those felony charges downgraded to misdemeanors unless they’re also charged with more serious offenses. Criminal possession of a weapon in the third degree, a class D felony, is punishable by up to 7 years behind bars.
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- Burglars who steal from residential storage areas, parts of homes that aren’t “accessible to a living area” and businesses located in mixed-use buildings will be prosecuted for a low-level class D felony that only covers break-ins instead of for more serious crimes. Those more serious crimes, class B and class C felonies would be punishable by up to 25 and up to 15 years in prison respectively.
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- Drug dealers believed to be “acting as a low-level agent of a seller” will be prosecuted only for misdemeanor possession. Also, suspected dealers will only be prosecuted on felony charges if they’re also accused of more serious crimes or are actually caught in the act of selling drugs. That felony would mean facing up to seven years behind bars.
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“ADAs should use their judgment and experience to evaluate the person arrested, and identify people: who suffer from mental illness; who are unhoused; who commit crimes of poverty; or who suffer from substance use disorders,” Bragg added.
“Charges should be brought consistent with the goal of providing services to such individuals, and leverage during plea negotiations should not be a factor in this decision,” he wrote.