Misdemeanors are punishable by a fine or a term in the county jail, or both. For most misdemeanors, that means up to six months in jail and up to $1,000.00 fine. Examples are petty theft, prostitution, and driving under the influence as a first offense.
For some misdemeanors, the maximum punishment is a year in county jail and a fine of $1,000.00. Examples of these are criminal threats, forgery, and driving under the influence as a second offense. For other misdemeanors, the maximum fine is greater than $1,000.00, such as battery ($2,000), domestic violence with injuries ($6,000) and vandalism ($50,000). Some misdemeanors include aminimum jail term, such as 48 hours for driving under the influence as a second offense, 15 days for domestic violence with injuries as a second offense, 45 days for prostitution as a second offense, and 90 days for brandishing a firearm. There is also sometimes a minimum fine, such as driving under the influence ($390).
Most misdemeanants, however, consent to be placed on summary or informal probation, with monitoring directly by the court. This means that the court suspends imposition of the statutory sentence and instead conditionally releases the defendant back into the community, upon specified conditions geared to rehabilitate and reform the defendant. During the term of probation, the judge requires the defendant to report back to court periodically, such as every ninety days for a progress report.
If the defendant completes all of the conditions of probation, then at the end of probation no statutory sentence will be imposed. If defendant fails to complete the conditions, then the judge may terminate probation and impose a sentence of jail and fine, up to the maximum allowed by law. If the defendant refuses the conditions of probation, then the judge also can sentence the defendant up to the maximum allowed by law.
For some misdemeanors, the maximum punishment is a year in county jail and a fine of $1,000.00. Examples of these are criminal threats, forgery, and driving under the influence as a second offense. For other misdemeanors, the maximum fine is greater than $1,000.00, such as battery ($2,000), domestic violence with injuries ($6,000) and vandalism ($50,000). Some misdemeanors include aminimum jail term, such as 48 hours for driving under the influence as a second offense, 15 days for domestic violence with injuries as a second offense, 45 days for prostitution as a second offense, and 90 days for brandishing a firearm. There is also sometimes a minimum fine, such as driving under the influence ($390).
Most misdemeanants, however, consent to be placed on summary or informal probation, with monitoring directly by the court. This means that the court suspends imposition of the statutory sentence and instead conditionally releases the defendant back into the community, upon specified conditions geared to rehabilitate and reform the defendant. During the term of probation, the judge requires the defendant to report back to court periodically, such as every ninety days for a progress report.
If the defendant completes all of the conditions of probation, then at the end of probation no statutory sentence will be imposed. If defendant fails to complete the conditions, then the judge may terminate probation and impose a sentence of jail and fine, up to the maximum allowed by law. If the defendant refuses the conditions of probation, then the judge also can sentence the defendant up to the maximum allowed by law.
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