The court may sentence a person who has been convicted of a Class D or Class E crime or a Class C crime under Title 29‑A, former section 2557, section 2557‑A or section 2558 to a sentencing alternative under section 1502, subsection 2, paragraphs I, J and K for an individual and section 1502, subsection 7, paragraph E for an organization, unless:
1. Sentencing alternative includes probation. The court sentences the person to a sentencing alternative under section 1502 that includes a period of probation; or
2. Sentencing alternative diminishes gravity of crime. The court finds that such a sentence would diminish the gravity of the crime for which that person was convicted.