Consequences of Felony Convictions
The consequences of a felony conviction can be severe. The possible sentences and fines are set forth below. These are maximum penalties and depending upon your case, the consequences can be much less severe than the maximum sentences set forth below.
The possible sentencing and fines are more serious for more serious crimes. In addition, there are enhancements or increases in the base sentencing for repeat offenders. In addition, there are many further consequences not listed here such as limitations on future employment, voting rights, gun ownership rights, student loans and scholarships, and immigration rights to name only a few. It is important that you understand all the consequences early in the process since these should be considered in the planning of your defense.
31-18-15. Sentencing authority; noncapital felonies; basic sentences and fines
1ST DEGREE FELONY
1. Standard: 18 years + $15,000
2. Resulting in death of a child: Life + $17,500
3. Aggravated CSP: Life + $17,500
2ND DEGREE FELONY
1. Standard: 9 years + $10,000
2. Resulting in death: 15 years + $12,500
3. sexual offense against a child: 15 years + $12,500
3RD DEGREE FELONY
1. Standard: 3 years + $5000
2. Resulting in Death: 6 years + $5000
3. Sex Offense Against a Child: 6 years + $5000
4TH DEGREE FELONY: 18 months + $5000
ENHANCEMENTS
31-18-16. Use of firearm; alteration of basic sentence; suspension and deferral limited.
1. Use of firearm in noncapitaol felony 1 year shall not be suspended or deferred
2. Use of firearm in 2d noncapitaol felony 3 years shall not be suspended or deferred
31-18-17. Habitual offenders; alteration of basic sentence.
1. 1 prior noncapitaol or drug 1 year shall not be suspended or deferred, unless the court makes a specific finding that the prior felony conviction and the instant felony conviction are both for nonviolent felony offenses and that justice will not be served by imposing a mandatory sentence of imprisonment and that there are substantial and compelling reasons, stated on the record, for departing from the sentence imposed pursuant to this subsection.
2. 2 prior noncapital or drug 3 years shall not be suspended or deferred
3. 3 prior noncapital or drug 8 years shall not be suspended or deferred
PRIOR FELONY CONVICTION = a conviction, when less than ten years have passed prior to the instant felony conviction since the person completed serving his sentence or period of probation or parole for the prior felony.
TRAFFICKING: if 2d conviction, goes from 2nd degree to 1st degree
The possible sentencing and fines are more serious for more serious crimes. In addition, there are enhancements or increases in the base sentencing for repeat offenders. In addition, there are many further consequences not listed here such as limitations on future employment, voting rights, gun ownership rights, student loans and scholarships, and immigration rights to name only a few. It is important that you understand all the consequences early in the process since these should be considered in the planning of your defense.
31-18-15. Sentencing authority; noncapital felonies; basic sentences and fines
1ST DEGREE FELONY
1. Standard: 18 years + $15,000
2. Resulting in death of a child: Life + $17,500
3. Aggravated CSP: Life + $17,500
2ND DEGREE FELONY
1. Standard: 9 years + $10,000
2. Resulting in death: 15 years + $12,500
3. sexual offense against a child: 15 years + $12,500
3RD DEGREE FELONY
1. Standard: 3 years + $5000
2. Resulting in Death: 6 years + $5000
3. Sex Offense Against a Child: 6 years + $5000
4TH DEGREE FELONY: 18 months + $5000
ENHANCEMENTS
31-18-16. Use of firearm; alteration of basic sentence; suspension and deferral limited.
1. Use of firearm in noncapitaol felony 1 year shall not be suspended or deferred
2. Use of firearm in 2d noncapitaol felony 3 years shall not be suspended or deferred
31-18-17. Habitual offenders; alteration of basic sentence.
1. 1 prior noncapitaol or drug 1 year shall not be suspended or deferred, unless the court makes a specific finding that the prior felony conviction and the instant felony conviction are both for nonviolent felony offenses and that justice will not be served by imposing a mandatory sentence of imprisonment and that there are substantial and compelling reasons, stated on the record, for departing from the sentence imposed pursuant to this subsection.
2. 2 prior noncapital or drug 3 years shall not be suspended or deferred
3. 3 prior noncapital or drug 8 years shall not be suspended or deferred
PRIOR FELONY CONVICTION = a conviction, when less than ten years have passed prior to the instant felony conviction since the person completed serving his sentence or period of probation or parole for the prior felony.
TRAFFICKING: if 2d conviction, goes from 2nd degree to 1st degree
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