Summary of Selected State Legislation Regarding Maximum Penalty for Gross Misdemeanor (current as of 03/06/2013) Angela D. Morrison States that Set the Maximum Penalty at 364 Days or Fewer State AZ ID OH Statute/Code Section Ariz. Rev. Stat. Ann. 13-707(A) Idaho Code Ann. 18-113(1) Ohio Rev. Code Ann. 2929.24 Statutory Language A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of the state department of corrections. The court shall fix the term of imprisonment within the following maximum limitations: 1. For a class 1 misdemeanor, six months. 2. For a class 2 misdemeanor, four months. 3. For a class 3 misdemeanor, thirty days. (1) Except in cases where a different punishment is prescribed in this code, every offense declared to be a misdemeanor, is punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000), or by both. [I]f the sentencing court imposing a sentence upon an offender for a misdemeanor elects or is required to impose a jail term on the offender pursuant to this chapter, the court shall impose a definite jail term that shall be one of the following: (1) For a misdemeanor of the first degree, not more than one hundred eighty days; (2) For a misdemeanor of the second degree, not more than ninety days; (3) For a misdemeanor of the third degree, not more than sixty days; (4) For a misdemeanor of the fourth degree, not more than thirty days. Notes various levels of misdemeanors with class 1 carrying the No gross misdemeanor. Maximum term of imprisonment for misdemeanor 6 months. No gross misdemeanor. Maximum term of imprisonment for various degrees of misdemeanors range from 180 days to 30 days. 1
State Statute/Code Section WA RCW 9A.20.021(2) WI W.S.A 939.51(3)(a) Statutory Language Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine. (a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both. Notes The Washington Legislature made a specific finding regarding the impact of a one year sentence on immigrants: The legislature finds that a maximum sentence by a court in the state of Washington for a gross misdemeanor can, under federal law, result in the automatic deportation of a person who has lawfully immigrated to the United States, is a victim of domestic violence or a political refugee, even when all or part of the sentence to total confinement is suspended. The legislature further finds that this is a disproportionate outcome, when compared to a person who has been convicted of certain felonies which, under the state's determinate sentencing law, must be sentenced to less than one year and, hence, either have no impact on that person's residency status or will provide that person an opportunity to be heard in immigration proceedings where the court will determine whether deportation is appropriate. Therefore, it is the intent of the legislature to cure this inequity by reducing the maximum sentence for a gross misdemeanor by one day. [2011 c 96 1.] various levels of misdemeanors 2 K 2
States that Set the Maximum Penalty at 365 Days/One Year or Less State Statute/Code Section Statutory Language Notes AK Alaska Stat. Ann. 12.55.135(a) MO Mo. Ann. Stat. 556.016(3) NE Neb. Rev. Stat. 28-106(1) NH N.H. Rev. Stat. Ann. 625:9 NM N.M. Stat. Ann. 30-1-6 (B) NY N.Y. Penal Law 70.15 (1) (McKinney) ND N.D. Cent. Code Ann. 12.1-32-01(5) (a) A defendant convicted of a class A misdemeanor may be sentenced to a definite term of imprisonment of not more than one year. 3. A crime is a misdemeanor if it is so designated or if persons convicted thereof may be sentenced to imprisonment for a term of which the maximum is one year or less. Class I misdemeanor----- Maximum--not more than one year imprisonment, or one thousand dollars fine, or both Minimum--none (a) A class A misdemeanor is any crime so designated by statute within or outside this code and any crime defined outside of this code for which the maximum penalty, exclusive of fine, is imprisonment not in excess of one year. B. A crime is a misdemeanor if it is so designated by law or if upon conviction thereof a sentence of imprisonment in excess of six months but less than one year is authorized. 1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed one year 5. Class A misdemeanor, for which a maximum penalty of one year's imprisonment, a fine of two thousand dollars, or both, may be imposed. punishable less than one year. with class I carrying the greatest penalty. punishable less than one year and more than six months. 3 K 3
OK Okla. Stat. Ann. tit. 21, 10 OR Or. Rev. Stat. Ann. 161.615 RI R.I. Gen. Laws Ann. 11-1-2 [E]very offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding one (1) year or by a fine not exceeding Five Hundred Dollars ($500.00), or both such fine and imprisonment. Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations: (1) For a Class A misdemeanor, 1 year. (2) For a Class B misdemeanor, 6 months. (3) For a Class C misdemeanor, 30 days. (4) For an unclassified misdemeanor, as provided in the statute defining the crime. [A]ny criminal offense which may be punishable by imprisonment for a term not exceeding one year, or by a fine of not more than one thousand dollars ($1,000), or both, is declared to be a misdemeanor[.] SD S.D.C.L. 22-6-2 Misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction: (1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both... TN T.C.A. 39-11-110 [A]ll violations of law punishable by fine or confinement for less than one (1) year, or both, are TX V.T.C.A., Penal Code 12.21 denominated misdemeanors. An individual adjudged guilty of a Class A misdemeanor shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or punishable by not in excess of one year. with class A, carrying the punishable by not in excess one year. Penalty set by individual criminal statute defining crime. with class 1 carrying the greatest penalty. punishable by less than one year. 4 K 4
(3) both such fine and confinement. UT U.C.A. 1953 76-3- 204(1) (1) In the case of a class A misdemeanor, for a term not exceeding one year VA VA Code Ann. 18.2-11(a) (a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both with class 1 carrying the greatest penalty. Other State Statute/Code Section Statutory Language Notes CO Colo. Rev. Stat. Ann. 18-1.3-501(1)(a) (1)(a) Misdemeanors are divided into three classes which are distinguished from one another by the following penalties which are authorized upon conviction except as provided in subsection (1.5) of this section: No gross misdemeanor. Misdemeanors classified with class 1 carrying the highest penalty. Class 1 misdemeanors carry at least 6 months imprisonment but not more than 18 months. Class Minimum Sentence Maximum Sentence Six months Eighteen months 1 imprisonment, or five imprisonment, or five hundred dollars fine, or thousand dollars fine, or both both MN N/A N/A Minnesota categorizes crimes as felonies, gross misdemeanors, and misdemeanors based on the fine/monetary penalty. The maximum term of imprisonment for each crime is set by the individual definition. 5 K 5
MT N/A N/A No categorization of crime. Penalties set forth in individual definition of crimes. NJ N/A N/A No misdemeanor or felony definitions. Crimes are defined by degree and the penalty is set out in the definition of the crime. NC N.C. Gen. Stat. Ann. 14-3(a) PA 18 Pa. Cons. Stat. Ann. 106 (1) If that maximum punishment is more than six months imprisonment, it is a Class 1 misdemeanor; (2) If that maximum punishment is more than 30 days but not more than six months imprisonment, it is a Class 2 misdemeanor; and (3) If that maximum punishment is 30 days or less imprisonment or only a fine, it is a Class 3 misdemeanor. (6) A crime is a misdemeanor of the first degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than five years. (7) A crime is a misdemeanor of the second degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than two years. (8) A crime is a misdemeanor of the third degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than one year. (9) A crime declared to be a misdemeanor, without specification of degree, is of the third degree. SC S.C.C. Ann. 16-1-20 (7) for a Class A misdemeanor, not more than three years; (8) for a Class B misdemeanor, not more than two years; No gross misdemeanor. The maximum penalty for various degrees of misdemeanors ranges from 5 to 1 years. No gross misdemeanor. The maximum penalty for various classes of misdemeanors ranges 6 K 6
(9) for a Class C misdemeanor, not more than one year. from 3 to 1 years. VT 13 V.S.A. 1 Any other provision of law notwithstanding any offense whose maximum term of imprisonment is more than two years, for life or which may be punished by death is a felony. Any other offense is a misdemeanor. W. VA N/A N/A No gross misdemeanor. No general definition of misdemeanor versus felony. Penalty for each crime set out within definition of crime. Crimes that are considered misdemeanors, generally punishable by one year or less. WY N/A (no gross misdemeanor) N/A 7 K 7