PL 70 Abbreviated Volume 1 Flashcards
70.00 Sentence of imprisonment for felony
Generally, (except for controlled substance offenses and marihuana offenses) a sentence of imprisonment for a felony shall be an_____________ (with a maximum and minimum term specified).
indeterminate sentence
70.00 Sentence of imprisonment for felony
SENTENCES OF IMPRISONMENT FOR FELONIES
The maximum term of an indeterminate sentence shall be at least ______ years and the term shall be fixed as follows:
A felony
3…… Life imprisonment
70.00 Sentence of imprisonment for felony
SENTENCES OF IMPRISONMENT FOR FELONIES
The maximum term of an indeterminate sentence shall be at least ______ years and the term shall be fixed as follows:
B felony
25 years
70.00 Sentence of imprisonment for felony
SENTENCES OF IMPRISONMENT FOR FELONIES
The maximum term of an indeterminate sentence shall be at least ______ years and the term shall be fixed as follows:
C felony
15 years
70.00 Sentence of imprisonment for felony
SENTENCES OF IMPRISONMENT FOR FELONIES
The maximum term of an indeterminate sentence shall be at least ______ years and the term shall be fixed as follows:
D felony
7 years
70.00 Sentence of imprisonment for felony
SENTENCES OF IMPRISONMENT FOR FELONIES
The maximum term of an indeterminate sentence shall be at least ______ years and the term shall be fixed as follows:
E felony
4 years
70.00 Sentence of imprisonment for felony
A defendant MAY be sentenced to life imprisonment without parole upon conviction for the crime of _____________ . (If 17 at time of commission, must be sentenced to an ____________ with maximum of life imprisonment).
murder in the first degree………. indeterminate sentence
70.00 Sentence of imprisonment for felony
A defendant (at least 18 at commission of crime) MUST be sentenced to _______________ without parole upon conviction for the crime of:
- ___________ Related Offenses:
- terrorism (PL 490.25) where offense committed is a class A-l felony
- criminal possession of a chemical or biological weapon first degree (PL 490.45)
-
- criminal use of a chemical or biological weapon first degree (PL 490.55)
Also,
- 4. murder ____________ (PL 125.25, sub 5)
- 5. ____________ murder (PL 125.26)
life imprisonment ………… Terrorism………. second degree….. aggravated
70.00 Sentence of imprisonment for felony
Generally, the court must impose a _____________ sentence of imprisonment (and a period of post-release supervision) where the person is sentenced as:
- ___________ felony offender (PL 70.02)
- second __________ felony offender (PL 70.04)
- second felony offender on conviction for a violent felony offense (PL 70.06)
determinate. violent ….. violent
70.02 SENTENCES OF IMPRISONMENT: VIOLENT FELONY OFFENSE (B, C, D, E)
Court may impose an ________________ of more than one year if it finds that alternative sentence is consistent with the public safety and that one or more of the following mitigating circumstances exist:
- mitigating circumstances,
- defendant was not sole participant and had minor role, and
- deficiencies in proof of defendant’s commission of crime.
- defendant was not sole participant and had minor role, and
- deficiencies in proof of defendant’s commission of crime.
alternative sentence
70.05 MAXIMUM SENTENCE OF IMPRISONMENT FOR JUVENILE OFFENDER MAXIMUM term of indeterminate sentence for juvenile offender is at least 3 years, as follows:
A felony (murder second degree)
life imprisonment
70.05 MAXIMUM SENTENCE OF IMPRISONMENT FOR JUVENILE OFFENDER
MINIMUM TERM OF IMPRISONMENT FOR A JUVENILE OFFENDER
A felony (murder second degree)
not less than 5 nor more than 9 years
70.15 SENTENCES OF IMPRISONMENT FOR MISDEMEANORS AND VIOLATION
A misdemeanor
maximum of one year
70.15 SENTENCES OF IMPRISONMENT FOR MISDEMEANORS AND VIOLATION
B misdemeanor
not more than 3 months
70.15 SENTENCES OF IMPRISONMENT FOR MISDEMEANORS AND VIOLATION
Unclassified misdemeanor
in accordance with sentence specified in law or ordinance
