Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 3561: Sentence of probation

Civil

What this law says, in plain English

This statute establishes sentencing rules for probation terms based on offense type: felonies receive 1–5 years probation; misdemeanors up to 5 years; infractions up to 1 year. First-time domestic violence offenders must receive probation unless imprisoned.

Read the full statutory text

the offense is a Class A or Class B felony and the defendant is an individual; the offense is an offense for which probation has been expressly precluded; or the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense that is not a petty offense. A defendant who has been convicted for the first time of a domestic violence crime shall be sentenced to a term of probation if not sentenced to a term of imprisonment. The term “domestic violence crime” means a crime of violence for which the defendant may be prosecuted in a court of the United States in which the victim or intended victim is the spouse, former spouse, intimate partner, former intimate partner, child, or former child of the defendant, or any other relative of the defendant. for a felony, not less than one nor more than five years; for a misdemeanor, not more than five years; and for an infraction, not more than one year.

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