What are Misdemeanor Fines?
Author: Kevin Jones
Author: Kevin Jones
Misdemeanor offenses are often viewed as harmless by clients and judges, but the collateral consequences for misdemeanor convictions are downright Machiavellian in most jurisdictions. Many of the collateral consequences have the same impact on the lives of our clients as a felony conviction: loss of liberty, housing, job prospects, federal benefits and aid, and possible deportation. If misdemeanor convictions can be life-altering for clients, then misdemeanor cases deserve respect from the courts. The authorized punishments for conviction of a misdemeanor are: For Class 1 misdemeanor, confinement in jail for up to twelve months and a fine of up to $2,500, either or both. For Class 2 misdemeanors, confinement in jail for up to six months and a fine of up to $1,000, either or both. For Class 3 misdemeanors, maximum fine of $500. For Class 4 misdemeanors, maximum fine of $250. A sentence to pay a fine for a class 1
misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than two thousand five hundred dollars. A sentence to pay a fine for a class 2 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than seven hundred fifty dollars. A sentence to pay a fine for a class 3 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than five hundred dollars. .A sentence to pay a fine for a petty offense shall be a sentence to pay an amount, fixed by the court, of not more than three hundred dollars. A judgment that the defendant shall pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a civil action.This section does not apply to an enterprise. By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both A
fine is a criminal sanction. A civil sanction, by contrast, is called a penalty. The term fine is sometimes used to describe a penalty, but the terms fine and penalty should be kept separate because the consequences are different: nonpayment of a criminal fine can result in incarceration, whereas nonpayment of a civil penalty cannot. Federal and state criminal statutes authorize fines for certain offenses. Depending on the crime, a fine may be imposed in addition to incarceration, restitution, community service, or Probation. The amount of a fine varies with the severity of the offense. State and federal criminal codes generally break down felonies and misdemeanors into classes or degrees. In Kentucky, for example, the fine for a violation or a class B misdemeanor may not exceed $250. For a class A misdemeanor, the fine may not exceed $500 (Ky. Rev. Stat. Ann. 534.040). For a felony conviction, Kentucky courts are bound by statute to fine the defendant not less than $1,000, and not more than $10,000 or double the gain from the commission of the offense, whichever is greater (Ky. Rev. Stat. Ann. 534.030). Two or more felonies committed through a single act may be fined separately in Kentucky, but the aggregate may not exceed $10,000 or double the amount of the illicit gain, whichever is greater.About the Author:
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