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Tennessee sets the maximum for misdemeanor incarceration at 11 months and 29 days. In Iowa and Vermont, some misdemeanors may result in up to two years of incarceration in jail.


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Colorado law, which is fairly unique, specifies that a person convicted of a misdemeanor may be subject to up to 18 months of incarceration. Where the person is incarcerated is based on classification of all the convicted offenses. If any of the offenses is a felony ordered to be served at the same time as the misdemeanor s , then the sentence will be served in state prison.

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Otherwise, the term is served in a local jail. There are a few states where misdemeanors carry permissible sentences longer than one year and the court can send an individual to prison rather than jail. In Pennsylvania, a first-degree misdemeanor conviction can result in up to five years in state prison. New Jersey law authorizes a similar sentence for high misdemeanors.

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The majority of states have established multiple levels of misdemeanors based on the severity of the offense. Most states have between two and four separate classifications. Nebraska has the most classes of misdemeanors with seven. Nine states have one general classification for misdemeanors. In those states, penalties for misdemeanors are specified for each offense rather than providing one overarching penalty.

Louisiana statute, for instance, states that simple battery is punishable by up to six months imprisonment, whereas simple assault is punishable by up to 90 days. In Maryland, the penalty for harassment is up to 90 days imprisonment, while burglary in the fourth degree is a misdemeanor that is subject to imprisonment for up to three years. In general, statutes explicitly permit fines for misdemeanor offenses and this is often the only penalty imposed for these crimes. Statute generally specifies the maximum amount of fine that may be levied.

Classes are ordered from most- to least-serious.

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Most legislative changes within the realm of misdemeanor sentencing in recent years have dealt with the reclassification of offenses. For instance, states have downgraded offenses from felonies to misdemeanors and have similarly downgraded offenses from misdemeanors to infractions. Recent trends in drug sentencing have seen states downgrading offenses related to drug possession.

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States including Alaska, Delaware, Mississippi and Utah have reduced possession of certain drugs from felonies to misdemeanors. Twenty-two states and the District of Columbia have decriminalized possession of small amounts of marijuana altogether. A handful of states have looked at making such changes through citizen-initiated ballot measures.

Theft thresholds have also been increased for felony theft, meaning that theft offenses of lower dollar values are re-classified as misdemeanors rather than felonies. Much of the changes to misdemeanor sentencing have been part of comprehensive, data-driven reforms in states around the country. Reckless Driving. Reckless Driving in New York is not a non-criminal "petty offense" or "traffic infraction. Other than in the New York City Criminal Court, an adult defendant has a right to a jury trial for all misdemeanors, including Reckless Driving.

Additionally, if convicted, the DMV will assess 5 points on your driving record. A New York reckless driving charge is an unclassified misdemeanor, [6] punishable as follows: [7]. Reckless driving. Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.

Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor. Amended July 1, [41]. The Code of Virginia has many articles pertaining to reckless driving.

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It is considered a violation of the code of motor vehicles, not a violation of the code of crimes and offenses generally as widely reported , however, it is punished as a Class 1 misdemeanor. Drivers convicted of reckless driving in Virginia, including out-of-state and foreign e. Canadian drivers, will not have a criminal record from this conviction since the statute applies under title A person charged with reckless driving, if they show that their actions, while they do show insufficient care or failure to properly operate a vehicle, but are not truly serious enough to reach the level of reckless driving, may instead be convicted by the court of the lesser included offense of improper driving which is considered a traffic infraction.


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  4. This potential reduction in level of offense is only available at trial, as a law enforcement officer can only write a traffic ticket or summons for reckless driving, they do not have the ability to write a ticket for improper driving. List of applicable statutes from the Code of Virginia. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to three hundred sixty-four days and by a fine of not more than five thousand dollars. United Kingdom traffic laws. From Wikipedia, the free encyclopedia. This article has multiple issues.

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