What is the sentence for tresspassing?
Full Question:
My husband got a court summons for tresspassing a misdemenor B. What might the sentence be?
11/02/2007 |
Category: Criminal ยป Sentences |
State: Missouri |
#11495
Answer:
The following are Missouri statutes:
569.140. Trespass in the first degree. —
1. A person commits the crime of trespass in the first degree if he
knowingly enters unlawfully or knowingly remains unlawfully in a building
or inhabitable structure or upon real property.
2. A person does not commit the crime of trespass in the first degree by
entering or remaining upon real property unless the real property is fenced
or otherwise enclosed in a manner designed to exclude intruders or as to
which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner reasonably likely to come to the attention of
intruders.
3. Trespass in the first degree is a class B misdemeanor.
557.011. Authorized dispositions. —
1. Every person found guilty of an offense shall be dealt with by the
court in accordance with the provisions of this chapter, except that for
offenses defined outside this code and not repealed, the term of
imprisonment or the fine that may be imposed is that provided in the
statute defining the offense; however, the conditional release term of any
sentence of a term of years shall be determined as provided in subsection 4
of section 558.011.
2. Whenever any person has been found guilty of a felony or a misdemeanor
the court shall make one or more of the following dispositions of the
offender in any appropriate combination. The court may:
(1) Sentence the person to a term of imprisonment as authorized by
chapter 558, RSMo;
(2) Sentence the person to pay a fine as authorized by chapter 560, RSMo;
(3) Suspend the imposition of sentence, with or without placing the
person on probation;
(4) Pronounce sentence and suspend its execution, placing the person on
probation;
(5) Impose a period of detention as a condition of probation, as
authorized by section 559.026, RSMo.
3. Whenever any person has been found guilty of an infraction, the court
shall make one or more of the following dispositions of the offender in any
appropriate combination. The court may:
(1) Sentence the person to pay a fine as authorized by chapter 560, RSMo;
(2) Suspend the imposition of sentence, with or without placing the
person on probation;
(3) Pronounce sentence and suspend its execution, placing the person on
probation.
4. Whenever any organization has been found guilty of an offense, the
court shall make one or more of the following dispositions of the
organization in any appropriate combination. The court may:
(1) Sentence the organization to pay a fine as authorized by chapter 560,
RSMo;
(2) Suspend the imposition of sentence, with or without placing the
organization on probation;
(3) Pronounce sentence and suspend its execution, placing the
organization on probation;
(4) Impose any special sentence or sanction authorized by law.
5. This chapter shall not be construed to deprive the court of any
authority conferred by law to decree a forfeiture of property, suspend or
cancel a license, remove a person from office, or impose any other civil
penalty. An appropriate order exercising such authority may be included as
part of any sentence.
557.016. Classification of offenses. —
1. Felonies are classified for the purpose of sentencing into the
following four categories:
(1) Class A felonies;
(2) Class B felonies;
(3) Class C felonies; and
(4) Class D felonies.
2. Misdemeanors are classified for the purpose of sentencing into the
following three categories:
(1) Class A misdemeanors;
(2) Class B misdemeanors; and
(3) Class C misdemeanors.
3. Infractions are not further classified.
560.016. Fines for misdemeanors and infractions. —
1. Except as otherwise provided for an offense outside this code, a
person who has been convicted of a misdemeanor or infraction may be
sentenced to pay a fine which does not exceed:
(1) For a class A misdemeanor, one thousand dollars;
(2) For a class B misdemeanor, five hundred dollars;
(3) For a class C misdemeanor, three hundred dollars;
(4) For an infraction, two hundred dollars.
2. In lieu of a fine imposed under subsection 1, a person who has been
convicted of a misdemeanor or infraction through which he derived "gain" as
defined in section 560.011, may be sentenced to a fine which does not
exceed double the amount of gain from the commission of the offense. An
individual offender may be fined not more than twenty thousand dollars
under this provision.
560.026. Imposition of fines. —
1. In determining the amount and the method of payment of a fine, the
court shall, insofar as practicable, proportion the fine to the burden that
payment will impose in view of the financial resources of an individual.
The court shall not sentence an offender to pay a fine in any amount which
will prevent him from making restitution or reparation to the victim of the
offense.
2. When any other disposition is authorized by statute, the court shall
not sentence an individual to pay a fine only unless, having regard to the
nature and circumstances of the offense and the history and character of
the offender, it is of the opinion that the fine alone will suffice for the
protection of the public.
3. The court shall not sentence an individual to pay a fine in addition
to any other sentence authorized by section 557.011, RSMo, unless
(1) He has derived a pecuniary gain from the offense; or
(2) The court is of the opinion that a fine is uniquely adapted to
deterrence of the type of offense involved or to the correction of the
defendant.
4. When an offender is sentenced to pay a fine, the court may provide for
the payment to be made within a specified period of time or in specified
installments. If no such provision is made a part of the sentence, the fine
shall be payable forthwith.
5. When an offender is sentenced to pay a fine, the court shall not
impose at the same time an alternative sentence to be served in the event
that the fine is not paid. The response of the court to nonpayment shall be
determined only after the fine has not been paid, as provided in section
560.031.
559.012. Eligible for probation, when. —
The court may place a person on probation for a specific period upon
conviction of any offense or upon suspending imposition of sentence if,
having regard to the nature and circumstances of the offense and to the
history and character of the defendant, the court is of the opinion that
(1) Institutional confinement of the defendant is not necessary for the
protection of the public; and
(2) The defendant is in need of guidance, training or other assistance
which, in his case, can be effectively administered through probation
supervision.
559.021. Conditions of probation — compensation of victims — free work,
public or charitable — defendant not an employee for workers' compensation
purposes — payment to county restitution fund, when. —
1. The conditions of probation shall be such as the court in its
discretion deems reasonably necessary to ensure that the defendant will not
again violate the law. When a defendant is placed on probation he shall be
given a certificate explicitly stating the conditions on which he is being
released.
2. In addition to such other authority as exists to order conditions of
probation, the court may order such conditions as the court believes will
serve to compensate the victim, any dependent of the victim, any
statutorily created fund for costs incurred as a result of the offender's
actions, or society. Such conditions may include restorative justice
methods pursuant to section 217.777, RSMo, or any other method that the
court finds just or appropriate including, but not limited to:
(1) Restitution to the victim or any dependent of the victim, or
statutorily created fund for costs incurred as a result of the offender's
actions in an amount to be determined by the judge;
(2) The performance of a designated amount of free work for a public or
charitable purpose, or purposes, as determined by the judge;
(3) Offender treatment programs;
(4) Work release programs in local facilities; and
(5) Community-based residential and nonresidential programs.
3. The defendant may refuse probation conditioned on the performance of
free work. If he does so, the court shall decide the extent or duration
of sentence or other disposition to be imposed and render judgment
accordingly. Any county, city, person, organization, or agency, or
employee of a county, city, organization or agency charged with the
supervision of such free work or who benefits from its performance shall
be immune from any suit by the defendant or any person deriving a cause
of action from him if such cause of action arises from such supervision
of performance, except for an intentional tort or gross negligence. The
services performed by the defendant shall not be deemed employment within
the meaning of the provisions of chapter 288, RSMo. A defendant
performing services pursuant to this section shall not be deemed an
employee within the meaning of the provisions of chapter 287, RSMo.
4. In addition to such other authority as exists to order conditions of
probation, in the case of a plea of guilty or a finding of guilt, the court
may order the assessment and payment of a designated amount of restitution
to a county law enforcement restitution fund established by the county
commission pursuant to section 50.565, RSMo. Such contribution shall not
exceed three hundred dollars for any charged offense. Any restitution
moneys deposited into the county law enforcement restitution fund pursuant
to this section shall only be expended pursuant to the provisions of
section 50.565, RSMo.
5. A judge may order payment to a restitution fund only if such fund had
been created by ordinance or resolution of a county of the state of
Missouri prior to sentencing. A judge shall not have any direct supervisory
authority or administrative control over any fund to which the judge is
ordering a defendant to make payment.
6. A defendant who fails to make a payment to a county law enforcement
restitution fund may not have his or her probation revoked solely for
failing to make such payment unless the judge, after evidentiary hearing,
makes a finding supported by a preponderance of the evidence that the
defendant either willfully refused to make the payment or that the
defendant willfully, intentionally, and purposefully failed to make
sufficient bona fide efforts to acquire the resources to pay.
7. The court may modify or enlarge the conditions of probation at any
time prior to the expiration or termination of the probation term.
559.600. Misdemeanor probation may be provided by contract with private
entities, not to exclude board of probation and parole. —
In cases where the board of probation and parole is not required under
section 217.750, RSMo, to provide probation supervision and rehabilitation
services for misdemeanor offenders, the circuit and associate circuit
judges in a circuit may contract with one or more private entities to
provide such services. The court-approved private entity shall act as a
misdemeanor probation office in that circuit and shall, pursuant to the
terms of the contract, supervise persons placed on probation by the judges
for class A, B, and C misdemeanor offenses, specifically including persons
placed on probation for violations of section 577.023, RSMo. Nothing in
sections 559.600 to 559.615 shall be construed to prohibit the board of
probation and parole, or the court, from supervising misdemeanor offenders
in a circuit where the judges have entered into a contract with a private
probation entity.
558.011. Sentence of imprisonment, terms — conditional release. —
1. The authorized terms of imprisonment, including both prison and
conditional release terms, are:
(1) For a class A felony, a term of years not less than ten years and not
to exceed thirty years, or life imprisonment;
(2) For a class B felony, a term of years not less than five years and
not to exceed fifteen years;
(3) For a class C felony, a term of years not to exceed seven years;
(4) For a class D felony, a term of years not to exceed four years;
(5) For a class A misdemeanor, a term not to exceed one year;
(6) For a class B misdemeanor, a term not to exceed six months;
(7) For a class C misdemeanor, a term not to exceed fifteen days.
2. In cases of class C and D felonies, the court shall have discretion to
imprison for a special term not to exceed one year in the county jail or
other authorized penal institution, and the place of confinement shall be
fixed by the court. If the court imposes a sentence of imprisonment for a
term longer than one year upon a person convicted of a class C or D felony,
it shall commit the person to the custody of the department of corrections
for a term of years not less than two years and not exceeding the maximum
authorized terms provided in subdivisions (3) and (4) of subsection 1 of
this section.
3. (1) When a regular sentence of imprisonment for a felony is imposed,
the court shall commit the person to the custody of the department of
corrections for the term imposed under section 557.036, RSMo, or until
released under procedures established elsewhere by law.
(2) A sentence of imprisonment for a misdemeanor shall be for a definite
term and the court shall commit the person to the county jail or other
authorized penal institution for the term of his or her sentence or until
released under procedure established elsewhere by law.
4. (1) A sentence of imprisonment for a term of years for felonies other
than dangerous felonies as defined in section 556.061, RSMo, and other than
sentences of imprisonment which involve the individual's fourth or
subsequent remand to the department of corrections shall consist of a
prison term and a conditional release term. The conditional release term of
any term imposed under section 557.036, RSMo, shall be:
(a) One-third for terms of nine years or less;
(b) Three years for terms between nine and fifteen years;
(c) Five years for terms more than fifteen years; and the prison term
shall be the remainder of such term. The prison term may be extended by the
board of probation and parole pursuant to subsection 5 of this section.
(2) "Conditional release" means the conditional discharge of an offender
by the board of probation and parole, subject to conditions of release that
the board deems reasonable to assist the offender to lead a law-abiding
life, and subject to the supervision under the state board of probation and
parole. The conditions of release shall include avoidance by the offender
of any other crime, federal or state, and other conditions that the board
in its discretion deems reasonably necessary to assist the releasee in
avoiding further violation of the law.
5. The date of conditional release from the prison term may be extended
up to a maximum of the entire sentence of imprisonment by the board of
probation and parole. The director of any division of the department of
corrections except the board of probation and parole may file with the
board of probation and parole a petition to extend the conditional
release date when an offender fails to follow the rules and regulations
of the division or commits an act in violation of such rules. Within ten
working days of receipt of the petition to extend the conditional release
date, the board of probation and parole shall convene a hearing on the
petition. The offender shall be present and may call witnesses in his or
her behalf and cross-examine witnesses appearing against the offender.
The hearing shall be conducted as provided in section 217.670, RSMo. If
the violation occurs in close proximity to the conditional release date,
the conditional release may be held for a maximum of fifteen working days
to permit necessary time for the division director to file a petition for
an extension with the board and for the board to conduct a hearing,
provided some affirmative manifestation of an intent to extend the
conditional release has occurred prior to the conditional release date.
If at the end of a fifteen-working-day period a board decision has not
been reached, the offender shall be released conditionally. The decision
of the board shall be final.