The Difference Between Probation And Felony Sentence


10 Aug
10Aug

A judge has the authority to either grant probation or a felony sentence. A felony conviction can have serious and long-lasting consequences on a person's life. For example, if someone is convicted of felony murder, their life will forever be impacted by the possibility that they will be executed. Felony convictions result in more jail time and are also subject to stiff mandatory minimum sentences. A person who commits a felony may even face life imprisonment without parole. This is why you need to hire a criminal defense lawyer at all times. 

Sentencing Varies Nationwide

Felony sentencing differs from state to state. The penalty will depend on the circumstances of the crime, the severity of the offense, the defendant's criminal record, and other factors. Each state also has its own specific guidelines and factors that are considered by the court. A judge determines the penalties for each type of felony, including a level 3 felony assault and battery, possession of stolen property, and drug possession charges. In most states, judges consider a person's criminal history in determining their eligibility for probation.

Convicted of a Felony?

A defendant who has been convicted of a felony is facing the prospect of serving up to two years in prison. The length of time involved in the process of a felony case can be longer than for a misdemeanor case. A felony sentence is usually three years or more. It's common to seek reduced time served in terms of a reduction in probation time. If a defendant's criminal history is severe and/or long-standing, the judge may also want to impose a more substantial sentence.

Probation is Sentence

Probation and felony sentences can be served separately or together. If a defendant has already served jail time for a conviction, their record is likely to show as a disposition of community supervision. This means that the defendant is not allowed to leave prison while on probation. Probation can only be suspended. If the defendant is already on probation but is still on house arrest, his or her record shows as a disposition of supervision with strict probation.

A Judge Can Sentence Probation as a Consequence

A judge has the option of issuing a formal sentence for felonies, although this may be difficult to do if the defendant has already served their time in prison. In cases such as these, the judge is likely to issue a deferred adjudication, which means the defendant must comply with certain conditions while on probation. that would allow him or her to enter and leave the prison. the community. This condition is known as an exclusion order. An exclusion order may involve a restriction on alcohol or other drug use, or a requirement to perform community service hours. An exclusion order may also require the defendant to pay fines or restitution.

Felony Probation Can Be a Suspended Sentence

In some states, people convicted of felonies may serve all their time in prison. However, the majority of states offer the option of a prison term of less than five years, instead of the maximum of fifteen years. This alternative can also help someone who has been convicted of a felony escape from prison. This option is called a prison sentence suspension.

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