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Offenses

Levels and Elements

Levels of Offense

Class C Misdemeanor: up to a $500 fine

Class B Misdemeanor: up to 180 days in jail & up to $2,000 fine

Class A Misdemeanor: up to a year in jail & up to a $4,000 fine

State Jail Felony: 180 days to 2 years in state jail & up to a $10,000 fine

Third Degree Felony: 2-10 years in prison & up to a $10,000 fine

Second Degree Felony: 2-20 years in prison & up to a $10,000 fine

First Degree Felony: life or 5-99 years in prison

Capital Felony: life in prison or death

*Depending on your prior criminal history, the punishment range can be enhanced.

 

Assault

A person intentionally, knowingly, or recklessly causes bodily injury to another, intentionally or knowingly threatens another with imminent bodily injury, or intentionally or knowingly causes offensive contact

Assault Public Servant, Family Member, Aggravated Assault

Other types of assault: Sexual Assault, Aggravated Sexual Assault, Injury to a Child/Elderly/Disabled, Abandoning/Endangering Child, Deadly Conduct, Terroristic Threat

Burglary

A person enters or remains concealed inside a habitation or building (or any portion) not open to the public with the intent to commit a felony, theft, or assault or enters and commits or attempts to commit a felony, theft, or assault. 

Burglary of Vehicle: a person, without the consent of the owner, breaks into or enters a vehicle with intent to commit any felony or theft.  Two or more previous convictions: State Jail

Driving While Intoxicated

A person operates a motor vehicle while intoxicated.

DWI >.15 (Class A), DWI 2nd (Class A), DWI 3+ (3rd degree felony), DWI with Child Passenger (State Jail)

DWI with Open Container: 6 days minimum confinement

DWI 2nd: minimum of 30 days confinement

With previous conviction for Intoxication Manslaughter: a DWI is enhanced to a 3rd degree felony

Intoxication Assault: DWI + serious bodily injury (3rd degree felony). If alleged victim is an on-duty peace officer, firefighter, or EMT then 2nd degree felony.

Intoxication Manslaughter (2nd degree felony). If alleged victim is an on-duty peace officer, firefighter, or EMT then 1st degree felony.

Drug Charges

Delivery of Marijuana: 1/4 oz. or less & no remuneration (Class B); 1/4 oz. or less & remuneration (Class A), > 1/4 oz to 5lbs. (State Jail), >5lbs. to 50 lbs.(2nd degree), >50 lbs. to 2,000 lbs. (1st degree), >2,000 lbs. (life or 10-99 and up to $100,000)

Possession of Marijuana: 2 oz. or less (Class B), >2 oz.-4oz. (Class A), >4oz.-5 lbs. (State Jail), >5lbs.-50 lbs. (3rd degree), >50 lbs.-2,000 lbs. (2nd degree), >2,000 lbs. (life or 5-99 and up to $50,000)

Possession of Controlled Substance

  • Penalty Group 1: Heroin, Cocaine, Methamphetamine, Hydrocodone, Oxycodone, etc.

     Possession: <1g (State Jail), 1-<4g (3rd degree), 4-<200g (2nd degree), 200-<400g (1st degree), 400g+ (life or 10-99 + up to $100,000)

     Manufacture/Delivery: <1g (State Jail), 1-<4g (2nd degree), 4-<200g (1st degree), 200-<400g (life or 10-99 + up to $100,000), 400g+ (life or15-99 + up to $250,000)

 

  • Penalty Group 1-A: LSD, etc.

     Possession: <20 units (State Jail), 20-79 units (3rd degree), 80-3,999 units (2nd degree), 4,000-7,999 units (1st degree), 8,000+ units (life or 15-99 + up to $250,000)

   Manufacture /Delivery: <20 units (State Jail), 20-79 units (2nd degree), 80-3,999 units (1st degree), 4,000+ units (life or 15-99 + up to $250,000)

 

  • Penalty Group 2: Ecstasy, etc.

     Possession: <1g (State Jail), 1-<4g (3rd degree), 4-<400g (2nd degree), 400g+ (life or 5-99 + up to $50,000)

    Manufacture/Delivery: <1g (State Jail), 1-<4g (3rd degree), 4-<400g (2nd degree), 400g+ (life or 5-99 + up to $50,000)

 

  • Penalty Group 3: Alprazolam, Clonazepam, etc.
  • Penalty Group 4: Codeine, etc.

     Possession: <28g (Class A), 28g-<200g (3rd degree), 200g-<400g (2nd degree), 400g+ (life or 5-99 + up to $50,000)

     Manufacture/Delivery: <28g (State Jail), 28g-<200g (2nd degree), 200g-<400g (1st degree), 400g+ (life or 10-99 + up to $100,000)

Evade

A person intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.

If Previous Conviction OR Vehicle: State Jail  |  If Previous Conviction AND Vehicle OR Serious Bodily Injury results: 3rd degree felony  |   Death results: 2nd degree felony

Resist

A person intentionally prevents or obstructs a person he knows is a peace officer (or a person acting in the officer's presence and at his direction) from effecting an arrest, search, or transport of the actor or another by using force against the peace officer or another (Class A).

If Deadly Weapon then 3rd degree felony.

Robbery

While committing theft and with the intent to obtain or maintain control of the property, a person intentionally, knowingly, or recklessly causes bodily injury to another or intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

Aggravated Robbery: Serious Bodily Injury or Deadly Weapon or Elderly/Disabled alleged victim

Theft

A person appropriates property with intent to deprive the owner of property 1. without the owner's consent, 2. the property is stolen and the actor knows, 3. law enforcement represents the property to be stolen and the actor believes it to be stolen

A misdemeanor theft is a State Jail Felony when the person has two previous theft convictions (of any grade) OR the stolen property is a firearm, aluminum, brass, copper, or bronze

A theft is upgraded to the next higher category of offense if the alleged victim is Elderly or a Non Profit or a Public Servant and the property is job-related (this list is not comprehensive).

Class C  <$100

Class B  $100-$749.99

Class A  $750-$2,499.99

State Jail  $2,500-$29,999.99

3rd Degree Felony  $30,000-$149,999.99

2nd Degree Felony  $150,000-$299,999.99

1st Degree Felony  $300,000 or more

Other types of Theft: theft of service, theft of trade secrets, unauthorized use of motor vehicle