Harvey Weinstein Prison Sentence: NY Retrial and CA Resentencing

Harvey Weinstein’s prison sentence is, as of mid-2026, unsettled in both states where he was convicted. His original 23-year New York sentence from 2020 was thrown out on appeal in 2024 and no longer exists. He was reconvicted in New York in June 2025 on one count that carries up to 25 years, and he is awaiting sentencing on that count at Rikers Island. In California, his 2022 conviction still stands, but a state appeals court vacated the 16-year sentence in June 2026 and ordered him resentenced. He has remained continuously incarcerated since February 2020.

Where Things Stand Now

Weinstein, 74, is being held at the Rikers Island jail complex in New York City.¹ Two sentencings are pending:

In New York, he awaits sentencing on a first-degree criminal sexual act conviction returned by a Manhattan jury on June 11, 2025. Prosecutors are seeking 20 years; the statutory maximum is 25. Reporting in late June 2026 pointed to a September 2026 hearing.²³⁴
In California, his 2022 convictions on rape, forcible oral copulation, and sexual penetration by a foreign object were upheld on June 26, 2026, by a unanimous three-judge panel of the state’s 2nd District Court of Appeal. The same ruling vacated his 16-year prison term and ordered a new sentencing hearing. None had been scheduled when the ruling came down.⁵

Any California sentence will run only after the New York sentence is completed.⁴

The 23-Year New York Sentence Was Overturned

If you’ve seen the figure “23 years” attached to Weinstein, that number is out of date. It referred to the sentence Justice James Burke imposed on March 11, 2020, after a Manhattan jury convicted him of first-degree criminal sexual act against Mimi Haley and third-degree rape of Jessica Mann. Burke ordered 20 years on the criminal sexual act count and 3 years on the rape count, to run consecutively, along with five years of post-release supervision and sex-offender registration on each.⁶⁷

On April 25, 2024, the New York Court of Appeals vacated that conviction in a 4-to-3 decision and ordered a new trial. The majority, led by Judge Jenny Rivera, held that Burke had committed “egregious errors,” specifically by allowing testimony from women describing uncharged assaults and by ruling that if Weinstein testified he could be cross-examined on 28 separate uncharged allegations, a ruling the appeals court said effectively kept him off the stand.⁸⁹ The reversal erased the 23-year sentence. Weinstein stayed in custody only because of his separate California conviction.

The 2025 Retrial Conviction and What It Carries

Manhattan District Attorney Alvin Bragg reindicted Weinstein in September 2024 on charges involving three women: Haley, Mann, and former model Kaja Sokola. The retrial began April 15, 2025, before Judge Curtis Farber.¹⁰

On June 11, 2025, the jury convicted Weinstein of first-degree criminal sexual act against Haley, acquitted him of the count involving Sokola, and deadlocked on the third-degree rape count involving Mann. Farber declared a mistrial on the Mann count the following day.¹¹¹² The Haley conviction is the one that will drive his New York sentence. It carries a maximum of 25 years.³

Prosecutors retried the deadlocked Mann count in early 2026. That trial also ended in a mistrial on May 15, 2026, after another deadlock.¹³¹⁴¹⁵ With that count resolved, Weinstein’s path to sentencing on the Haley conviction is clear. Prosecutors want 20 years.²

The California 16-Year Sentence, Vacated for Resentencing

California charged Weinstein with felony sex crimes in January 2020. His Los Angeles trial began in October 2022, and in December that year a jury convicted him on three of seven counts: rape, forcible oral copulation, and sexual penetration by a foreign object, all tied to assaults a witness identified as “Jane Doe 1” said occurred in a Beverly Hills hotel room in February 2013. He was acquitted on one count; jurors deadlocked on three.¹⁰¹⁶

On February 23, 2023, Los Angeles Superior Court Judge Lisa Lench sentenced Weinstein to 16 years and ordered the term to run consecutive to his then-existing 23-year New York sentence.¹⁷

The June 26, 2026 appeals court ruling kept the convictions in place but vacated the 16-year sentence. The panel found Lench had improperly treated the (since-overturned) 2020 New York convictions as an aggravating factor at sentencing.⁵ Weinstein’s defense team, led by Jennifer Bonjean, said it would ask the California Supreme Court to review the underlying convictions.¹⁸ Until a California judge imposes a new term, the length of his California sentence is an open question.

How the Two Sentences Fit Together

Weinstein will serve his New York sentence first. Only after that does any California term begin.⁴ His time in custody since February 2020 will count against whatever he receives in New York. The eventual combined exposure depends on two decisions that have not yet been made: Judge Farber’s sentence on the Haley count, which can run anywhere from a determinate state-prison term up to 25 years, and whatever a California judge imposes on resentencing.

At his age and in his condition, any substantial term is likely to keep him in prison for the rest of his life. That was already the practical reality when his combined exposure stood at 39 years in 2023, and it has not changed with the vacaturs: his earliest release remains tied to a sentencing proceeding that has yet to occur.

Custody, Health, and Why They Matter at Sentencing

Weinstein uses a wheelchair and has been treated for chronic myeloid leukemia, diabetes, heart problems, obstructive sleep apnea, and spinal stenosis.¹⁹ In 2024 he had emergency surgery to drain fluid from his heart and lungs, then tested positive for COVID-19 and developed double pneumonia, which prompted a transfer to Bellevue Hospital.²⁰ During the 2026 retrial, chest pains cut a court day short.¹ His lawyers have sued New York City for $5 million over medical care and conditions at Rikers. Those facts are expected to be raised by the defense in mitigation at the New York sentencing and at California resentencing, though neither hearing had taken place as of late June 2026.

1
NY1. Jury Deliberations Harvey Weinstein Rape Retrial
2
The New York Times. Harvey Weinstein California Resentencing
3
NY1. Weinstein Could Be Sentenced Next Month
4
U.S. News. California Appeals Court Upholds Harvey Weinstein Rape Conviction
5
Variety. Harvey Weinstein Rape Appeal Ruling
6
ABC News. Harvey Weinstein Faces Sentencing in New York
7
CNN. Harvey Weinstein Sentence
8
The New York Times. Harvey Weinstein Appeal
9
Stanford Law School. Robert Weisberg on Overturning of Harvey Weinstein NY Conviction
10
NPR. Harvey Weinstein Allegations, Trials, Timeline
11
ABC News. Harvey Weinstein Verdict Sex Crimes Retrial
12
Manhattan District Attorney. DA Bragg Announces Trial Conviction of Harvey Weinstein
13
The Guardian. Harvey Weinstein New York Mistrial
14
USA Today. Harvey Weinstein Rape Charge Dismissed
15
New York Law Journal. Judge Dismisses Weinstein Rape Charge
16
CNN. Harvey Weinstein Sentencing Los Angeles
17
NPR. Harvey Weinstein Los Angeles Sentencing
18
Los Angeles Times. California Court Upholds Weinstein Rape Conviction
19
The Guardian. Harvey Weinstein Trial New York
20
ABC 7 New York. Harvey Weinstein Transferred to Hospital