When imposing a sentence on more than one misdemeanor offense, a judge may order a concurrent or consecutive sentence. A concurrent sentence means that all sentences run at the same time. So if someone receives sentences of 90 days and 60 days to run concurrently, that means the person will serve 90 days. The 60- day sentence gets folded into the 90-day sentence. If however, those sentences are ordered to run consecutively, then the person would serve 90 days, then the 60 days, or 150 days total.
A misdemeanor sentence cannot exceed twice the maximum sentence authorized for the class and prior conviction level of the most serious offense. The most serious misdemeanor offenses are class A1 misdemeanors. These offenses include assaulting a law enforcement officer, assault on a female and interfering with an emergency communication. The offenses carry a possible maximum sentence of 150 days in jail. So the most jail time a person charged with multiple misdemeanor offenses can get is 300 days.
Class 1 misdemeanors, such as larceny, possession of stolen goods or injury to personal property to name a few carry a possible maximum sentence of 120 days in jail. Class 2 misdemeanors such as resisting an officer or first degree trespass carry a possible maximum sentence of 60 days. And class 3 misdemeanors such as soliciting alms, sleeping in public or any city or county ordinance carry a possible 20 day maximum sentence.
So a person charged with 2 class 1 misdemeanors can receive a maximum sentence of 240 days in jail. If it’s two class 2 misdemeanors, 120 days in jail. Up to twice the maximum of the most serious offense.
If someone is convicted of a class one, class two and class three misdemeanor, they could receive 120 days for the class 1 misdemeanor, 60 days for the class 2 misdemeanor and 20 days for the class 3 for a total of 200 days. In other words, all possible maximum sentences can be imposed to run at the expiration of each until the limit of twice the max for the most serious offense is reached.
There is one exception. If all the offenses are class 3 misdemeanors, consecutive sentences may not be imposed. This does not prevent the court from using as many class 3 misdemeanors that are available to reach twice the level of a more serious offense.
Misdemeanor sentencing on multiple charges is one of the most confusing areas of law in the district court. If you plan on being sentenced on multiple charges, you may wish to consult attorney to help minimize your jail exposure.
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