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Maximum Punishments for
First Time Offenders

Offense - Felonies

Capital felony
If the individual is found guilty and the state seeks the death penalty:

  • Imprisonment in the institutional division for life without the possibility of parole, or Death

If the individual is found guilty and the state does not seek the death penalty:

  • Imprisonment in the institutional division for life without the possibility of parole.
    However, a certified juvenile is no longer eligible for life without parole.

First-degree Felony
Imprisonment in the institutional division for life, or

  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second-degree Felony

  • Imprisonment in the institutional division for not more than 20 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

Third-degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days
  • In addition to confinement, may receive a fine not to exceed $10,000

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Offense - Misdemeanor

Class A Misdemeanor

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  •  Both fine and confinement

Class B Misdemeanor

  • Confinement in jail for a term not to exceed 180 days
  • Fine not to exceed $2,000
  • Both fine and confinement

Class C Misdemeanor

  • Fine not to exceed $500

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