(a) In
General.— A defendant who has been found guilty of an
offense may be sentenced to a term of probation unless—
(1) the
offense is a Class A or Class B felony and the defendant is an individual;
(2) the
offense is an offense for which probation has been expressly precluded; or
(3) 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.
(b) Domestic Violence Offenders.— 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.
(c) Authorized Terms.— The authorized
terms of probation are—
(1) for a
felony, not less than one nor more than five years;
(2) for a
misdemeanor, not more than five years; and
(3) for an
infraction, not more than one year.
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