Fines and jail or prison time are the standard penalties for a criminal conviction, whether for a misdemeanor or a felony. Judges often have discretion to impose a lower fine and less time than the statutes provide for, and they might be able to choose to impose probation instead (a person who accepts probation must abide by specific terms and conditions, such as attending school and regular check-ins with a probation officer). This article focuses on criminal fines: Their amount and where the money goes. For information on how courts collect fines, and how judges deal with defendants who do not (or cannot) pay their fines, see Paying Criminal Fines: What If I Cannot Afford to Pay My Fine?.

For misdemeanors, which typically carry a potential jail sentence of 364 or 365 days, judges might impose a fine with no other punishment, particularly when the crime was relatively minor and for first-time offenders. For felonies and serious misdemeanors, judges impose criminal fines in addition to penalties such as probation, community service, and jail or prison time.

Who Decides the Amount of a Criminal Fine?

Federal and state laws set the minimum and maximum fines for each offense. In each case, the sentencing judge decides on an appropriate fine within that range. Judges consider the following issues when making their decisions.

• The seriousness of the crime. Judges generally impose higher fines in felony cases than in misdemeanors. Judges also consider the extent of any injuries to victims and property loss caused by the defendant.
• The length of the sentence. A lengthy jail or prison sentence doesn’t necessarily equal a hefty fine. A judge who sentences a defendant who has very little money or assets to more than a few years in prison will often impose minimum fines because that defendant has no ability to pay the fine in the near future. On the other hand, a judge might impose a fine of $1,000 or more and no jail time for a misdemeanor such as driving on a suspended license.
• The defendant’s criminal history. Judges typically impose higher fines on repeat offenders.
• The defendant’s ability to pay. A judge can consider the defendant’s ability to pay (income and assets) when imposing a fine. A disabled defendant on a fixed income will be ordered to pay less than one who is working.
• Whether the defendant financially benefited from the crime. Judges often impose the highest fines on defendants convicted of white-collar crimes, such as embezzlement and insider trading.
• Whether the defendant has done anything to make things right with the victim. Defendants who pay restitution (compensate victims for their losses) often pay less in fines. To the extent possible, judges would rather see defendants to make victims whole than pay fines to the court. (See below for more on restitution.)

Where Do Criminal Fines Go?

According to an Overview of State Criminal Fines and Fees published by the Legislative Analyst’s Office on February 5, 2019, most of the income from criminal fines and fees goes to individual state governments. About half of the $1.7 billion in income from fines and fees distributed in 2015-2016 was used by the states to fund trial court construction, court operations, and other state programs.

The remaining income went to county and city governments and programs responsible for collecting delinquent payments. Income from federal criminal fines goes to the federal government.

What Are the Differences Between Fines, Fees, and Restitution?

Fines are not the only way defendants financially pay for their crimes. In addition to the fine for the offense, sometimes called the base fine, some criminal statutes require judges to add certain fees. (Fees compensate the government for the cost of running the criminal justice system.) Unlike fines, judges generally can’t waive fees or consider the defendant’s ability to pay the fee. The total amount owed by a defendant can end up being many times greater than the base fine.

Here’s an example of how fees increase a defendant’s court-ordered debt. Joe is convicted of driving under the influence of alcohol (DUI) in California. The judge orders Joe to pay the minimum fine of $390. (California Vehicle Code section 23536.) Nevertheless, Joe leaves court owing $2,024 after the clerk adds state and county fees to the fine. See Improving California’s Criminal Fines and Fees System, published in 2016 by the Legislative Analyst’s Office, for an explanation of the components of the $2,024 fee.

Restitution is another financial consequence to some criminal convictions. Unlike fines and fees, whose primary purpose is to punish, restitution repays victims for their losses. Restitution might go directly to the victim or to a victim compensation fund. The sums collected help replace stolen or damaged property, cover medical bills, contribute to funeral expenses, and defray other costs.

Talk to a Lawyer

If you have been convicted of a crime whose sentence carries the possibility (or certainty) of a fine, and have questions about how, if at all, you can obtain a lower fine, speak with an experienced, local criminal law defense attorney. Only someone who is acquainted with both the law and the judges who dispense it can answer your questions with authority.