Argersinger v. Hamlin
Citation
407 U.S. 25 (1972)
Facts
Jon Argersinger was an indigent defendant charged in Florida with carrying a concealed weapon, a misdemeanor punishable by up to six months imprisonment and/or a $1,000 fine. He was not offered appointed counsel because the offense was a misdemeanor, not a felony. He was tried without counsel, convicted, and sentenced to 90 days in jail. Argersinger challenged his conviction on Sixth Amendment grounds, relying on the right to counsel recognized in Gideon v. Wainwright (1963) for felony defendants.
Issue
Does the Sixth Amendment right to appointed counsel extend to misdemeanor prosecutions where the defendant is sentenced to imprisonment?
Holding
Yes. The Supreme Court held unanimously that no person may be imprisoned for any offense — whether felony or misdemeanor — unless they were afforded the right to counsel at trial.
Rule / Doctrine
Right to counsel triggers upon actual imprisonment: the Sixth Amendment right to appointed counsel extends to any criminal prosecution resulting in actual imprisonment, regardless of the offense’s classification as a felony or misdemeanor. Gideon’s principle is not limited to felonies. The relevant line is imprisonment, not the nature of the charge.
Significance
Argersinger dramatically extended Gideon v. Wainwright into misdemeanor courts. Scott v. Illinois (1979) subsequently clarified the rule: the right to counsel is triggered only when the defendant is actually sentenced to imprisonment — not merely when imprisonment is a possible penalty. Alabama v. Shelton (2002) further extended Argersinger to suspended sentences of imprisonment.