Assault or the threat of assault is a severe crime in every state. It is intentionally causing physical violence to someone or apprehending immediate bodily harm. An assault charge can ruin your livelihood, and a criminal record for assault can follow you for the rest of your life.
Today’s world has various ways to handle criminal convictions. Arrests or convictions may have multiple consequences, depending on the circumstances surrounding them and a person's particular situation.
Two sentencing options will likely be available to the judge overseeing the case, such as probation vs. jail time. Both of these punishments can have significant implications for a person’s life moving forward. So, it is important to understand how each one works and its implications.
What Is Probation?
Probation is a period of supervision where a judge offers you leniency in exchange for jail time. Once on probation, you're expected to follow a few rules and stick to a specific set of guidelines.
For example, the court will likely require you to stay drug-free and remain employed. The court might also require you to submit to regular drug tests, attend therapy, and make regular visits to a parole officer, who assists people on probation. If you break any of these rules, you could be sent to jail and have to complete the original sentence.
What Is Jail Time?
Jail time is a standard sentence for assault crimes. You report to the county jail, state prison, or federal prison and live in a very structured environment under strict supervision.
If you have a relatively short sentence, you may have the opportunity to participate in a work release program. Where you can go to work during the day and return to jail at night. However, if you have a longer sentence, you’ll likely be transferred to a state or federal prison. Jail time is a sentence of incarceration, so you’re serving time behind bars as a punishment.
Differences Between Probation And Jail Time
Probation is typically much shorter than jail time. Jail sentences typically range from a few months to a few years, while probation sentences are usually less than a year.
If you’re sentenced to jail time, you’ll likely have to give up your occupational license, driver’s license, and professional license while serving your sentence. You may also be prohibited from voting.
If you’re sentenced to probation, you’ll likely have a criminal record and be required to submit to regular drug tests. You may also be required to complete community service or mandatory therapy.
If you break a probation rule, you could face serious consequences. This includes the immediate revocation of your probation, additional fines, community service, and mandatory alcohol or drug counseling and/or testing. However, if you break a rule of jail time, you’ll be subjected to disciplinary sanctions, such as extra duty, loss of good conduct, and loss of privileges.
When Could You Be Sentenced To Jail Time Over Probation?
When you’re facing a criminal conviction, the judge might offer you a few different sentencing options. You might be offered probation or jail time, fines, or suspended sentences. Depending on the circumstances of your case, you might be sentenced to jail time over probation.
If you’re charged with a serious crime such as sexual assault, drug trafficking, or manslaughter, it’s unlikely a judge will offer you probation. The court usually grants probation to people charged with minor crimes, such as petty theft or shoplifting. Serious crimes generally result in jail time.
If you’re charged with driving under the influence or DWI, a judge may offer you probation or a short jail sentence. If you’re charged with a drug crime, a judge may offer you a probation sentence coupled with a drug treatment requirement.
However, if you’re charged with a more serious crime, such as sexual assault, a judge is less likely to give you probation. In this scenario, you’ll probably be offered a jail sentence.
In general, it is recommended to seek the assistance of an experienced criminal defense attorney if you’re facing a criminal charge. They can help you understand your options and guide you through the process.
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