For purposes of the Sixth Amendment guarantee to a jury trial,the Supreme Court has used a potential six months imprisonment to divide serious from petty crimes.

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This is known as the "six-month presumption" and has been used by the Supreme Court since the case of Baldwin v. New York in 1970. Crimes with potential sentences of more than six months are considered "serious" and require a jury trial, while those with potential sentences of six months or less are considered "petty" and do not require a jury trial.

For Purposes of the Sixth Amendment Guarantee to a Jury