The basics of Alaska misdemeanor classifications and penalties.
Updated September 27, 2023
Alaska, like many states, divides crimes into misdemeanors and felonies. Misdemeanors are punishable by up to a year in jail. Felonies are more serious crimes that can be punished by time in state prison. Read on to learn how Alaska classifies and penalizes misdemeanor crimes.
How Alaska Classifies Misdemeanor Crimes
Alaska divides misdemeanor offenses into two classes—Classes A and B. Class A is the more serious of the two.
Class A Misdemeanor Crimes and Penalties
Class A misdemeanors in Alaska are punishable by up to one year in jail and a fine of up to $25,000. Examples of class A misdemeanors include fourth-degree assault, violation of a protective order, first-degree harassment, resisting arrest, and reckless endangerment.
Class B Misdemeanor Crimes and Penalties
Class B misdemeanors are less serious crimes, punishable by up to 90 days in jail and a fine of up to $2,000. Examples of class B misdemeanors include theft in the fourth degree, fifth-degree criminal mischief, disorderly conduct, and prostitution.
(Alaska Stat. §§ 12.55.035, 12.55.135 (2023).)
Enhanced Penalties for Misdemeanors in Alaska
Alaska imposes enhanced penalties for certain repeat misdemeanors and misdemeanors associated with gang activities.
Repeat misdemeanors. Several misdemeanor offenses can be enhanced to felonies based on a defendant's criminal history of same or similar convictions. For instance, a third misdemeanor assault in 10 years becomes a class C felony offense. Similar enhancements apply to repeat misdemeanors involving criminal negligent burning and misconduct involving drugs.
Gang-related misdemeanors. Misdemeanors associated with gang activities are increased by an offense level. So a class B misdemeanor becomes a class A misdemeanor, and a class A misdemeanor bumps up to a class C felony.
(Alaska Stat. §§ 11.41.220, 12.55.137 (2023).)
How Misdemeanor Sentencing Works in Alaska
In misdemeanor cases, judges will typically order a sentence immediately or soon after handing down a conviction or entering a guilty verdict or plea.
Jail or Sentencing Alternatives
While jail time is an option, judges often reserve time behind bars for repeat offenses or offenses involving violence or harm. A judge generally has broad discretion in fashioning a sentence and might impose any of the following sentencing alternatives in lieu of jail or as a condition of avoiding jail: probation, suspended entry of judgment, house arrest, community service, or treatment.
Mandatory Minimum Jail Sentences
However, for certain misdemeanors, Alaska law imposes mandatory minimum jail sentences. When these minimums apply, the law doesn't allow much leniency. Some examples include:
- a 20-day minimum sentence for fourth-degree assault involving a violation of a domestic violence protective order
- a 30- or 60-day minimum sentence for misdemeanor assault or harassment of a first responder, and
- a 30- or 60-day minimum sentence for a repeat domestic violence assault.
Additional Conditions for Domestic Violence Probation
In domestic violence cases, judges must consider the victim's safety before allowing probation. A judge may issue a protective order that prohibits the defendant from contacting the victim, require the defendant to attend counseling, and prohibit the defending from consuming alcohol.
(Alaska Stat. §§ 12.55.101, 12.55.135 (2023).)
Alaska Criminal Statutes of Limitations
Prosecutors must file criminal charges within a certain amount of time after the crime occurred. This time period is referred to as a statute of limitation. In Alaska, most misdemeanors have a statute of limitation of five years. If the prosecutor doesn't file charges within five years of when the offense happened, the defendant can ask the court to dismiss the case. (Alaska Stat. § 12.10.010 (2023).)
The Value of Legal Representation
If you are charged with a crime, contact a local criminal defense attorney as soon as possible. A criminal conviction, even for a misdemeanor, can have serious consequences that negatively affect your life for a long time. Talking to an attorney is the best way to make certain that you understand the criminal justice process and can present the strongest possible defense.
