Important rights notice: The Fifth Amendment protects against compelled self-incrimination, and Miranda generally requires warnings before custodial interrogation. The Sixth Amendment provides a right to counsel after adversary judicial proceedings have begun and at applicable critical stages. Because the rules are fact-specific, a person facing criminal investigation should seek qualified legal counsel before answering substantive questions.
Scope: U.S. criminal law is not one nationwide sentencing schedule. Federal offense classifications under 18 U.S.C. § 3559 apply to federal offenses, while state criminal definitions, felony classes, theft thresholds, DUI penalties, and many domestic-violence offenses vary by state. Immigration consequences also depend on the exact conviction, statutory elements, sentence, and immigration status.
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Sentencing & Fine Breakdown
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Federal Offense Classifications — 18 U.S.C. § 3559
| Offense Class | Max Authorized Jail Term | Max Fine | Typical Examples |
|---|---|---|---|
| Class A Felony | Life imprisonment or death | Generally up to $250,000 for an individual under 18 U.S.C. § 3571, subject to offense-specific and gain/loss rules | Federal offense with a statutory maximum of life imprisonment or death |
| Class B Felony | 25 years or more | Generally up to $250,000 for an individual under 18 U.S.C. § 3571, subject to offense-specific and gain/loss rules | Federal offense whose authorized maximum is at least 25 years |
| Class C Felony | Less than 25 years but at least 10 years | Generally up to $250,000 for an individual under 18 U.S.C. § 3571, subject to offense-specific and gain/loss rules | A federal offense such as ordinary wire fraud with a 20-year maximum |
| Class D Felony | Less than 10 years but at least 5 years | Generally up to $250,000 for an individual under 18 U.S.C. § 3571, subject to offense-specific and gain/loss rules | Federal offense whose authorized maximum falls within the statutory range |
| Class E Felony | Less than 5 years but more than 1 year | Generally up to $250,000 for an individual under 18 U.S.C. § 3571, subject to offense-specific and gain/loss rules | Federal offense whose authorized maximum falls within the statutory range |
| Class A Misdemeanor | More than 6 months but not more than 1 year | Generally up to $100,000 for an individual under 18 U.S.C. § 3571 | Federal offense classified under 18 U.S.C. § 3559(a)(6) |
| Class B Misdemeanor | More than 30 days but not more than 6 months | Generally up to $5,000 for an individual under 18 U.S.C. § 3571 | Federal offense classified under 18 U.S.C. § 3559(a)(7) |
| Class C Misdemeanor | More than 5 days but not more than 30 days | Generally up to $5,000 for an individual under 18 U.S.C. § 3571 | Federal offense classified under 18 U.S.C. § 3559(a)(8) |
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Frequently Asked Questions (FAQ)
Under 18 U.S.C. Section 3559, federal offenses are classified by maximum authorized prison terms: Class A Felonies carry life imprisonment or death; Class B (25+ years); Class C (10 to 25 years); Class D (5 to 10 years); and Class E (1 to 5 years). Misdemeanors carry maximum prison terms of 1 year or less.
CIMT is an immigration-law concept determined from the elements and legal nature of the particular offense; there is no single statutory definition listing only fraud, theft, or bodily-harm offenses. CIMT consequences differ between inadmissibility under INA § 212(a)(2)(A)(i)(I) and deportability under INA § 237(a)(2)(A), and both provisions contain timing, sentence, offense, and exception requirements. The exact statute of conviction and the applicable immigration ground must be analyzed.
A simple DUI is not automatically a deportable CIMT in every immigration case, but the result depends on the offense and the person's immigration circumstances. Separately, the Department of State may prudentially revoke a nonimmigrant visa after a DUI-related arrest under its visa-revocation policies. A visa revocation is not the same as a criminal conviction or an automatic order of removal, and any required medical or consular procedures depend on the Department of State's current instructions and the facts of the case.
The Fifth Amendment privilege against self-incrimination protects a person during custodial interrogation, and Miranda generally requires warnings before custodial interrogation. The Sixth Amendment right to counsel is a separate protection that attaches after the initiation of adversary judicial proceedings and applies at critical stages, including certain post-attachment interrogations. Miranda warnings are therefore not required for every police conversation or every questioning circumstance.
In federal law, 18 U.S.C. § 3559 classifies offenses partly by the maximum authorized imprisonment: an offense with a maximum of more than one year can be a felony, while offenses with lower maximum terms fall into misdemeanor classes or infractions. State classifications are governed by state law and do not necessarily use the federal Class A–E system.
Collateral consequences depend on the offense, jurisdiction, sentence, and applicable federal and state law. Federal firearms law generally prohibits possession by a person convicted of a crime punishable by imprisonment for more than one year, subject to statutory definitions and exceptions; separate rules apply to qualifying misdemeanor domestic-violence convictions. Voting rights are primarily governed by state law and differ substantially by state. There is no universal federal rule requiring every person with a felony conviction to disclose the conviction on every employment or housing application.
Official Legal References
• 18 U.S.C. § 3559 (Sentence Classifications): law.cornell.edu/uscode/text/18/3559
• U.S. Sentencing Commission (USSC Guidelines): ussc.gov