subject: Misdemeanor Fines [print this page] Author: Kevin Jones Author: Kevin Jones
Misdemeanors and felonies differ only in terms of their consequences and lasting effects. A misdemeanor, for example, can involve time in jail, while a felony usually requires that a sentence of one year or more be served in prison. These consequences are in addition to fines that are proportionate to the level and severity of the crime. Aside from court or local municipality fines, the court could also assess restitution for any damages that incurred as a result of an accident. 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. In some instances, if the victim of the drunken driving offense agrees to settle their damages directly with the offender, a civil compromise can be reached. This would require that the offender pay the victim in exchange for a reduced sentence or no sentence at all. Federal courts must sometimes follow prison sentences mandated by federal statute, but the decision of whether to impose a fine in addition to any sentence is generally within the judge's discretion. Both state and federal courts may later reduce the amount of a fine. The statutory repayment period of a fine may be extended upon request of the court, and payments may be allowed in installments. The fines for the different classes of felonies and misdemeanors were first adopted in 1969. The fines for class A, B, and C felonies and class A misdemeanors were increased in 1992 (PA 92-256). The fines have not changed since. The legislative history of the 1992 act shows limited discussion on the increase in fines but indicates that the changes were made as part of a Judicial Branch pilot program imposing day fines. Under this program, the court sentenced an offender to a certain number of day-fine units based on the seriousness of the offense without regard to the offender's financial resources. In general terms, a misdemeanor is a lesser offense than a felony. By definition, in most states and under U.S. federal law, a misdemeanor is punishable by up to one year in jail and a felony is punishable by more than one year in prison. Most of the time, however, the actual punishment for a misdemeanor is far less. For first offenses, the punishment may be a fine or probation. About the Author:
