Will I Go to Jail for a Criminal Conviction?

Will I Go to Jail for a Criminal Conviction?

People who are facing criminal charges usually worry first about their freedom. After all, jail time is the most serious punishment for a criminal offense. Being convicted does not always mean that you go to jail. It all depends on the nature of the charge and what the prosecutor is seeking. Even if you do not go to prison, criminal convictions can have serious impacts on your life.

First, whether you are convicted of a felony or misdemeanor will go a long way to determining possible jail time. Felonies are much more likely to result in jail time. According to federal government statistics, 75% of people who were convicted of felonies were incarcerated. Approximately 56% of people convicted of misdemeanors received jail sentences. However, these are very broad categories that group a wide variety of offenses under one description. Misdemeanors can range from a DUI to assault. While all are serious, there are different degrees of severity. 

Sentences Other than Prison

As you can see, not everyone who is convicted will go to jail. Some defendants will end up receiving a combination of the following:

• Fines
• Community service
• Probation

The prosecutor will seek a certain sentence, and the decision rests with the judge. In some cases, the prosecutor may ask for jail time, and the judge will issue their own sentence. Anything can happen when you are in front of the court. 

Much depends on whether your attorney works with the prosecutor to obtain a favorable sentence or is able to persuade the judge not to impose jail time. For first offenses, prosecutors may be willing to consider a plea bargain that does not impose a prison sentence. It depends on the offense and the individual prosecutor. 

You want an attorney who has relationships with prosecutors that allows them to talk if you choose not to fight the charges. These days, many crimes, such as drug charges, are not always punished with prison, even when the law allows prosecutors to seek a jail sentence, criminal charges do not automatically mean prison time.

Other Consequences of a Conviction

However, even if you are able to avoid prison, you may still suffer other effects of a criminal conviction that should make you consider whether to accept a plea bargain or fight the charges. Here is some of what you may face:

• Trouble passing a background check
• Restrictions on your ability to own firearms
• Difficulty finding a job
• Impacts on your custody case

In other words, just because there is no jail time does not mean that you are free of punishments for your convictions. This is a conversation that you should have with your attorney as you plot the most effective legal strategy for your circumstances. 

Consult with a Montgomery County Criminal Defense Law Firm

If you have been charged with a crime, you need legal help immediately. Contact the Law Office of Richard F. Matthews, Jr. online or call us at (334) 398-8408 to discuss your case and learn about your legal rights and options.