70.15 – Sentences of imprisonment for misdemeanors and violation

§ 70.15 Sentences of imprisonment for misdemeanors and violation.

1. Class A misdemeanor. A sentence of imprisonment for a class A
   misdemeanor shall be a definite sentence. When such a sentence is
   imposed the term shall be fixed by the court, and shall not exceed one
   year; provided, however, that a sentence of imprisonment imposed upon a
   conviction of criminal possession of a weapon in the fourth degree as
   defined in subdivision one of section 265.01 must be for a period of no
   less than one year when the conviction was the result of a plea of
   guilty entered in satisfaction of an indictment or any count thereof
   charging the defendant with the class D violent felony offense of
   criminal possession of a weapon in the third degree as defined in
   subdivision four of section 265.02, except that the court may impose any
   other sentence authorized by law upon a person who has not been
   previously convicted in the five years immediately preceding the
   commission of the offense for a felony or a class A misdemeanor defined
   in this chapter, if the court having regard to the nature and
   circumstances of the crime and to the history and character of the
   defendant, finds on the record that such sentence would be unduly harsh
   and that the alternative sentence would be consistent with public safety
   and does not deprecate the seriousness of the crime.
2. Class B misdemeanor. A sentence of imprisonment for a class B
   misdemeanor shall be a definite sentence. When such a sentence is
   imposed the term shall be fixed by the court, and shall not exceed three
   months.
3. Unclassified misdemeanor. A sentence of imprisonment for an
   unclassified misdemeanor shall be a definite sentence. When such a
   sentence is imposed the term shall be fixed by the court, and shall be
   in accordance with the sentence specified in the law or ordinance that
   defines the crime.
4. Violation. A sentence of imprisonment for a violation shall be a
   definite sentence. When such a sentence is imposed the term shall be
   fixed by the court, and shall not exceed fifteen days.
   In the case of a violation defined outside this chapter, if the
   sentence is expressly specified in the law or ordinance that defines the
   offense and consists solely of a fine, no term of imprisonment shall be
   imposed.