Vermont Criminal Laws

Welcome to FindLaw’s section on Vermont’s criminal laws and procedures, with explanations of the law for non-attorneys. Read about so-called “white collar” crimes such as pyramid schemes, identity theft, and tax fraud. You can also learn about violent crimes such as manslaughter, sexual assault, and murder.

You’ll find Vermont’s criminal laws in the Vermont Statutes Annotated (VSA). Click on the links below to learn more about Vermont‘s criminal laws.

Vermont Felonies and Misdemeanors

Like every other state, Vermont divides crimes into felonies and misdemeanors. It further divides these crimes into levels of degree. For example, a person may face charges for first-degree or second-degree murder.

The key to determining whether a crime is a misdemeanor or a felony is the sentence. Under Vermont law, crimes with a potential prison sentence of more than two years are felonies. All crimes with a sentence of two years or less are, by default, misdemeanors

Some of the more common felonies in the state of Vermont include:

• Aggravated assault: Up to 15 years in prison and fines of up to $10,000
• Felony stalking: Up to five years in state prison and fines of up to $25,000
• First-degree arson: Anywhere from two to ten years in prison and a fine of up to $2,000
• First-degree murder: Life without the possibility of parole
• Grand larceny: A prison sentence of up to ten years and fines of up to $5,000

Misdemeanor crimes are much less severe than felony offenses, as reflected in the penalties. Some common misdemeanor charges in Vermont include the following:

• Petit larceny: Up to one year in jail and a fine of up to $1,000
• Shoplifting/Retail theft: Up to six months in jail and fines of up to $500
• Domestic assault: Up to 18 months in jail and a possible fine of up to $5,000
• Simple assault: A jail sentence of up to one year and a fine of up to $1,000
• Trespassing: Up to 10 days in jail and a possible fine of $50
• Disorderly conduct: Up to 60 days in jail and a $500 fine

You can learn more about Vermont felonies and misdemeanors by using the links for the specific crimes on this page.

Criminal Penalties and Sentencing in Vermont

All felonies in Vermont have a minimum two-year prison sentence. Any crime with a lesser punishment is a misdemeanor offense. Unlike other states that set criminal penalties based on the level of offense, Vermont law sets all criminal penalties on a crime-by-crime basis.

For most crimes, the judge has discretion to impose a punishment between the minimum and maximum sentences. When determining a defendant’s sentence, the judge will consider the following factors:

• The nature and facts of the crime
• The defendant’s criminal history
• Whether the defendant poses a risk to themselves or the community
• The offender’s character
• Any mitigating or aggravating circumstances

For most misdemeanors and some felonies, the criminal court judge may impose an alternative sentence. An alternate sentence allows the defendant to avoid jail or prison time.

The alternative sentences available in the Vermont criminal justice system include:

• Probation: This allows the defendant to remain out of jail and resume their normal life. As long as the offender complies with the terms of their probation, they can avoid being incarcerated. Prosecution teams tend to offer probation to first-time offenders and people who commit non-violent offenses.
• Deferred Sentence: In these cases, the defendant stays out of jail or prison until a later date. As long as they don’t commit any further infractions during their probationary and supervisory periods, they will never have to serve their sentence.
• Adult Court Diversion Program: This program is reserved for people guilty of misdemeanors and non-violent felonies. Rather than go to prison or jail, the defendant is allowed to attend a treatment or counseling program. This option is common with people guilty of minor drug crimes.

Visit the Vermont Criminal Penalties page to learn more about the criminal penalties in the state of Vermont.

Expungement in Vermont

When a person is found guilty of a crime, the court makes an entry on their criminal record. This can negatively impact the person’s personal and professional lives. For example, if an elementary school teacher has a conviction for petit larceny on their record, they’ll have a difficult time finding or keeping a job.

Like other states, Vermont offers expungement for certain crimes under specific circumstances. The expungement process can be confusing and overwhelming. It’s common to hire a criminal defense attorney to help with an expungement application.

If the court approves your request for an expungement, the court will remove the negative record from your criminal history. This is extremely beneficial, but go in knowing that achieving an expungement can be a very expensive and time-consuming endeavor.

Visit FindLaw’s Expungement of Criminal History Records page for more information on this topic. You can also contact a local criminal defense lawyer to discuss the matter further.

Most misdemeanor offenses are eligible for expungement, and more than a dozen felonies may qualify as well. Criminal courts rarely approve an expungement for violent crimes, such as sexual assault or aggravated assault. For the court to agree to expunge a serious felony, the offender must meet strict requirements.

Some of the crimes that may be eligible for expungement in Vermont include the following:

• Grand larceny
• DUI (under specific circumstances)
• Criminal mischief
• Fraud, deceit, theft by deception
• Forgery
• Most drug possession charges
• Burglary

The judge will consider the following factors when reviewing a person’s petition for expungement:

• The nature of the crime
• The petitioner’s criminal history
• How much time has passed since the defendant committed the offense
• The victim’s statement or response to the offender’s petition for expungement

There is no fee to request an expungement for most crimes. Seeking an expungement for a DUI conviction is one of the exceptions.

Should You Talk to a Vermont Criminal Defense Attorney?

If you’re facing criminal charges in Vermont, you should consult an experienced criminal defense lawyer. They’ll work with the prosecutor to dismiss the charges or negotiate a favorable plea deal.