Misdemeanor Sentencing Guidelines
Misdemeanors are defined as criminal offenses eligible for terms of incarceration that do not exceed one year in length, according to the website US Legal. Misdemeanors are considered less serious in nature than felonies, which typically carry much harsher penalties and involve incarceration in prisons, rather than imprisonment in a city or county jail, which is the case with misdemeanor offenses. Sentencing guidelines for both felonies and misdemeanors are established by an independent agency in the judicial branch called the United States Sentencing Commission (the USSC).
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Background
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As fits their status as less serious crimes, misdemeanors are tried in lower courts: municipal, police or justice. Examples of common misdemeanors include disturbing the peace, petty theft, drunken driving that doesn't injure others, drunkenness in public, public nuisances and certain traffic violations. District attorneys often have the ability to choose whether to charge crimes as either felonies or misdemeanors, although it depends upon the exact circumstances of each individual case.
Additionally, misdemeanors are often separated into different classes based upon the level of seriousness of the offenses. Logically enough, more serious misdemeanors result in harsher sentences. The classification of misdemeanors varies from jurisdiction to jurisdiction. Typically, however, in jurisdictions that do classify misdemeanors into separate categories, the highest level of misdemeanors are Class A misdemeanors, which carry the strictest penalties, followed by less serious Class B offenses and even less serious Class C.
History
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The USSC is responsible for setting out modern-day sentencing guidelines. Formed under the Comprehensive Crime Control Act of 1984 (28 U.S.C. § 994), the federal government charged the commission with establishing precise, uniform sentences that would apply throughout all federal districts. The guidelines contain 43 levels of seriousness and apply to all federal felonies as well as most serious misdemeanors. Sentencing guidelines for less serious misdemeanor offenses depend upon the specific state or local jurisdiction's statutes.
Today, in the wake of allegations that federal sentencing guidelines have a much higher and more negative impact on minorities and the poor than other populations, mandatory minimum sentences are facing more scrutiny. Congress was considering in late 2009 methods of modifying the guidelines to have a less disparate impact on certain populations and to give judges greater flexibility in sentencing so they can allow for unique circumstances in individual cases that statute does not--and likely cannot--take into account.
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Constitutional Considerations
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The U.S. Supreme Court made several crucial decisions in 2004 and 2005 regarding the constitutionality of sentencing guidelines used by state as well as federal courts. As reported in an article by the Crowley Law Firm on FindLaw, the Supreme Court held in Blakely v. Washington (2004) that the sentencing guidelines in use by the state of Washington were, in fact, unconstitutional. As a result, many states took a closer look at their own sentencing guidelines to determine whether they would survive constitutional inspection by the Supreme Court.
Lower federal courts reached similar conclusions in several cases, ruling that the federal sentencing guidelines as they stood were also unconstitutional. The Supreme Court ultimately resolved the issue in two related cases (United States v. Booker and United States v. Fanfan, both decided in 2005), handing down the opinion that the federal guidelines did, indeed, violate the U.S. Constitution. The Supreme Court ruled that while judges may consider the guidelines when deciding sentences, the guidelines could not be mandatory in nature.
State Sentencing Commissions
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The website US Legal points out that, even before the Blakely decision was handed down, most states had already begun creating their own sentencing commissions. The National Association of Sentencing Commissions (the NASC) provides various outlets, including national conferences, that promote the adoption of uniform sentencing guidelines among various jurisdictions. The federal sector also participates as a member of the NASC. As of 2005, both the federal and state governmental sentencing commissions continue to explore potential means to amend sentencing guidelines--for both felonies and misdemeanors--to conform to constitutional requirements.
Examples
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While misdemeanor sentencing guidelines vary from state to state, the guidelines imposed in one sample state, Missouri, include:
Class A misdemeanors: Maximum penalty: up to one year in jail and a fine of up to $1,000.
Class B misdemeanors: Maximum penalty: From 30 days to six months in jail and a fine of up to $500.
Class C misdemeanors: Maximum penalty: up to 15 days in jail and a fine of up to $300.
If you wish to see the specific misdemeanor sentencing guidelines imposed in your particular state, just open up your browser, go to your favorite search engine, and type in the name of your state followed by misdemeanor sentencing guidelines.
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