Could I Get Arrested if I am Charged with a Misdemeanor?

1. - Prior Record Level I. - If this is your first criminal charge, you will be considered a level I for sentencing purposes. This means you do not have any prior convictions. As a level I, you cannot receive an Active Sentence unless you are charged with an Aggravated Class 1 Misdemeanor offense, which includes Assault on a Female, Violating a Domestic Violence Protective Order, Assault with a Deadly Weapon, or Sexual Battery.

Instead, defendants convicted of a Class 1, 2, or 3 Misdemeanor, who do not have any prior convictions, will likely receive Community Punishment.

Community Punishment means that any active sentence the Judge orders (as permitted in the sentencing chart) is suspended for a period of time, usually 12 months, while the defendant is on supervised or unsupervised probation. This means that as long as you do not violate the terms of your probation, you will not have to serve any active time for the conviction.

2. - Prior Record Level II. - f you previously have one to four prior convictions, you are considered a prior record level II. Depending on the charge, you may receive a Community Punishment, Intermediate Punishment, or an Active Sentence.

Intermediate Punishment, also known as a “split sentence,” requires you to serve part of your sentence in the county jail, while the unserved portion becomes suspended while you are on probation for the court-ordered term.

3. - Prior Record Level III. - A prior record level III means that you have previously been convicted of at least five (5) charges. There is a possibility of an Active Sentence for all misdemeanor charges if you are a prior record level III.

An Active Sentence requires imprisonment in the County Jail ranging from 1-150 days depending on the misdemeanor offense class. Any time previously served awaiting trial may count towards your active sentence.

Source: Smith Horton Law

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