you are found not guilty at the conclusion of the trial, then that is the end of your case. However, if you are found guilty by a district court judge, then the judge will sentence you with a particular punishment. If you do not agree with the judge's ruling, then you can appeal your misdemeanor case to the next highest court, which we refer to as criminal superior court. In superior court, your misdemeanor case will then be tried in front of a jury and the jury will determine whether you are guilty or not guilty. If the jury finds you not guilty, then this will end your case. If a jury finds you guilty, then the superior court judge will impose a sentence on you pursuant to the Structured Sentencing Act which was enacted in 1993. If you decide to plead guilty to a misdemeanor instead of having a trial in district court, you may be given the opportunity to plead guilty to a lesser charge (one carrying a lower punishment). The district court judge will then sentence you pursuant to the sentencing guidelines of the Structured Sentencing Act.
People who are charged with a misdemeanor crime often ask, "What type of punishment am I going to receive if I am found guilty or if I plead guilty?" The answer to that depends on the class of misdemeanor and the prior criminal record that you have.
Misdemeanors are broken down into four classes - 1A, 1, 2 and 3. Class 3 misdemeanor charges receive the lowest amount of punishment, whereas the class 1A misdemeanors receive the most severe punishment. By statute, each misdemeanor is classified into one of these four classes. Punishment ranges are created within each class by applying a mathematical value for the prior criminal record of the Defendant. The classes and ranges of punishment have been reduced to a table that is commonly referred to as a grid. The higher class of misdemeanor and the more points you have from a prior criminal record, the more punishment you will possibly receive. Under our current sentencing system (known as Structured Sentencing), the maximum sentence for any misdemeanor is 150 days and typically any active sentence which a defendant receives as the result of a misdemeanor conviction will be served in the county jail. On the other hand, the lower class of misdemeanor and the fewer points you have from a prior criminal record, the lower the punishment you will receive. For example, if you plead guilty or are found guilty of a class 3 misdemeanor and you have no prior criminal convictions, then the punishment imposed will be probation rather than an active sentence. The punishments for misdemeanors can vary from receiving unsupervised probation to receiving an active sentence.
If you have been charged with a misdemeanor charge, you will need to seek answers from an attorney to some of the following questions: What class does my misdemeanor fall into? How much punishment am I going to receive if I am found guilty or plead guilty? What defenses can I present against the misdemeanor charge? What elements must the state prove to find me guilty of this misdemeanor charge?
