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It varies by crime and by situation. Each crime statute specifies if the conviction counts as a as a felony or misdemeanor, and also specifies the maximum possible punishment in terms of fine and/or prison time. While some rare statutes have minimum sentences, most permit the court to impose any punishment less than the maximum based on the circumstances of the crime. For example Assault in the second degree (simple assault) counts as a misdemeanor and can have a maximum penalty of 10 years in jail. If the defendant only commited the assault because the victim was a rapist and it was an ill-conceived act of vigilantism in the heat of passion, they might get off with a fine and probation. But if the defendant was a violent sociopath with a long criminal record, and attacked a little kid for no reason other than he felt like it, he would get the max of 10 years.

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11y ago

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