22-6-2. Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed. Misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:
(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both;
(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
The court, in imposing sentence on a defendant who has been found guilty of a misdemeanor, shall order, in addition to the sentence that is imposed pursuant to the provisions of this section, that the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28.
Except in Titles 1 to 20, inclusive, 22, 25 to 28, inclusive, 32 to 36, inclusive, 40 to 42, inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the performance of an act is prohibited by a statute, and no penalty for the violation of such statute is imposed by a statute, the doing of such act is a Class 2 misdemeanor.
Source: SDC 1939, §§ 13.0105, 13.0607; SDCL § 22-1-5; SL 1976, ch 158, §§ 1-3, 6-2, 6-5; SL 1977, ch 189, § 17; SL 1978, ch 158, § 5; SL 1985, ch 192, § 3; SL 1989, ch 255, § 2; SL 1990, ch 158, § 1; SL 1991, ch 186, § 2; SL 1991, ch 187, § 4; SL 1991, ch 337, § 1; SL 1992, ch 158, § 1; SL 1993, ch 172, § 1; SL 1994, ch 161; SL 1995, ch 120, § 1; SL 1997, ch 126, § 1; SL 1997, ch 143, § 6; SL 2005, ch 120, § 173.
The 'Class' and 'Degree' of offenses is NOT the same from state-to-state. They sometimes coincide, but often do not.
misdemeanor in any state don't ususally carry jail time. hefty fines yes. but jail time no.
Malicious misdemeanor is a lower than felony class crime. One of the elements of the crime must include that the offender perpetrated the crime "with malice"
In South Dakota.
yes, it is a class a misdemeanor.
In North Dakota, a Class B misdemeanor is punishable by a maximum sentence of 30 days in jail and/or a fine of up to $1,500. Specific penalties may vary based on the circumstances of the offense and any prior criminal history. Additionally, some misdemeanors may have alternative sentencing options, such as probation or community service.
Possession of alcohol by a minor in North Dakota classifies as a Class B misdemeanor. The fine is set at up to $1,000 or/and sentencing of about one year in jail.
no it is a class b misdemeanor
It is a class a misdemeanor
Basically it is criminal damage (like Vandalism) that results in less than $250 of damage.
A Class A misdemeanor can include incarceration for not more than 1 year with fines up $2,500. A Class B misdemeanor can include jail for not more than 6 months with a fine up to $1,000.
Depends on what the misdemeanor was.