Understanding Class A Misdemeanors in Vermont

Vermont law (13 V.S.A. § 1) defines misdemeanors as non-felony criminal acts that carry a maximum sentence of less than two years. Misdemeanors in Vermont are further classified on a crime-by-crime basis into class A, B, C, D, and E, based on the severity of the misdemeanor. The classification of misdemeanors also dictates the maximum prison sentence or fines it carries. Class A misdemeanors in Vermont, as outlined in excerpts from Vermont's legislation, encompass all misdemeanors that carry a maximum prison sentence of two years and a maximum fine of $100,000.

Generally, Class A misdemeanors in Vermont are the most serious type of misdemeanors and hence attract the maximum punishments compared to other misdemeanors in the state. Some class A misdemeanors are so severe that they barely meet the criteria for misdemeanors. In Vermont, court judges may sometimes reclassify Class A misdemeanors as Class E felonies, based on evidence of aggravating factors and the severity of the criminal act.

Examples of Class A Misdemeanors in Vermont

Class A misdemeanors in Vermont are sometimes loosely described as very high-level misdemeanors or very low-level felonies. Crimes that fall under this class of misdemeanors fall under three main categories:

• Petty crimes that cause physical or emotional harm to persons: Examples include assault, domestic violence, trespassing, stalking, and DUI.
• Crimes against a person's property include examples such as petty theft, low-level larceny, and vandalism.
• Crimes that may cause harm to oneself: prostitution, possession of a controlled substance.

All Class A misdemeanors appear on public records and will be reflected in Vermont's law enforcement records if the misdemeanor results in an arrest. Details about an offender's Class A misdemeanors may also be found within Vermont's criminal court records.

Penalties for a Class A Misdemeanor in Vermont

The maximum sentence for the majority of Class A misdemeanors in Vermont is one to two years in prison. Some, nevertheless, receive sentences as short as ten or thirty days. Typically, judges have the authority to impose any punishment up to the legal limit for a particular crime. Additionally, judges in Vermont have the authority to issue fines ranging from $100 to $5000.The fee may be imposed in addition to or instead of a jail sentence. A Vermont judge typically imposes penalties for class A misdemeanors on a crime-by-crime basis, taking into account variables such as the offender's criminal history, whether they are repeat offenders, and offenses motivated by hate or targeting specific victims. There is no set fee or jail term for every crime.

Probation and Alternative Sentencing Options in Vermont

The justice system in Vermont offers a range of alternative sentencing options for first-time offenders, low-level offenders, and individuals who have committed non-violent Class A misdemeanors. Some examples of alternative sentencing options in Vermont include

• Adult diversion programs (3 V.S.A. § 164): Adult diversion programs are court-supervised rehabilitation programs designed for offenders who voluntarily wish to participate in them. Offenders may have their charges dismissed if they complete the program.
• Offender work camp programs: The Vermont Offender Work Program (VOWP) is an alternative sentencing program that provides offenders with the opportunity to acquire employment skills that will deter them from committing new crimes.
• Restorative justice programs (28 V.S.A. § 910): A person who enters a guilty plea for non-violent Class A misdemeanor offenses may be referred by the judge to a community reparative board. The individual will undergo a restorative justice program under the board's supervision, which emphasizes offender accountability and making amends for the harm caused by the offense.
• Supervised community service: Community service is an alternative sentencing program that orders offenders to contribute to society under intensive supervision by the commissioner of corrections.

A judge may also impose a deferred sentence on an offender and place them on either administrative or supervised probation, subject to specific terms and conditions. However, only individuals convicted of qualifying low-level, non-person crimes are eligible for probation.

Can a Class A Misdemeanor Be Expunged or Sealed in Vermont?

In Vermont, most class A misdemeanors may be sealed and expunged if they meet the specific qualifying criteria established by Vermont's expungement and sealing statute. Expungement and record sealing provide a second chance for individuals with criminal records. It allows them to be treated as though they have not committed an offense. Expungement provides offenders with an easier integration into society without the burden of having a criminal past. Generally, class A misdemeanors are eligible for expungement if:

• The charges were dismissed.
• Two years after the offender has completed their sentence and,
• Following a ten-year waiting period, if the petitioner has not been found guilty of a "listed offense" under 13 V.S.A. § 5301(7).

Sexually related Class A misdemeanors, violent misdemeanors, DUI, and traffic-related offenses are not eligible for expungement in Vermont. Additionally, individuals with multiple Class A offenses are unlikely to be granted any form of sealing or expungement, as multiple misdemeanor offenses are often classified as felonies under state laws.

Long-Term Consequences of a Class A Misdemeanor Conviction

A person's social life, financial prospects, and economic chances may be negatively impacted in the long run by a minor class A misdemeanor conviction on their criminal record. Even if the consequences might not be as severe as those for felonies, the offender's life may nevertheless suffer as a result. For instance, many firms are seeking workers with clean criminal records, and individuals with misdemeanor DUIs may be barred from various employment opportunities in specific industries. For example, Persons with a domestic assault conviction are unlikely to get jobs in healthcare and child education. Similarly, when choosing who to rent to, landlords may give preference to people with little or no convictions. Those who encounter these difficulties may seek procedures to have their misdemeanor convictions expunged.

What to Do if You’re Charged with a Class A Misdemeanor in Vermont

A person charged with a misdemeanor in Vermont will be issued a summons and complaint by law enforcement. The precise class A misdemeanor for which they are accused is included in the citation or complaint, along with a brief description of the offense. A date and time for the initial appearance at the county courthouse will also be specified in the citation or summons.

To determine whether to enter a guilty plea to the charges, people must first obtain legal assistance by speaking with an attorney. It is recommended that people arrive at the courtroom promptly, arriving at least fifteen minutes before their scheduled court date. Individuals who plead guilty will typically be sentenced immediately and are advised to pay all fines and comply with the court's sentence to ensure a smooth judicial process.
Persons who plead not guilty will proceed to a trial, where a judge or jury will decide the case.

Statute of Limitations for Class A Misdemeanors in Vermont

The majority of Class A misdemeanors in Vermont have a three-year statute of limitations, as specified in 13 V.S.A. § 4501(e). However, the statute of limitations for any kind of sexually motivated misconduct, including domestic abuse and class A sexual assault, is extended beyond the three-year limit. The statute of limitations for Class A misdemeanors involving victims under the age of eighteen or a vulnerable adult is also up to forty (40) years.