What are the chances of a first time felony offender going to jail?
It is going to depend on a number of things: the type of crime, the way in which the crime was committed, the circumstances of the crime, and the offender's past criminal history. Let's say you broke into someone's home and stole over $250 worth of their belongings (that makes it a felony). If you did it because a bully said he would hurt your mother if you didn't get him the stuff is a more compelling reason than if you did it to get money to buy more video games for yourself and some good weed. If this was your 3rd time getting caught doing this type of thing, that ups your chances at serving time. If you broke into someone's home and found there were some kids in it with a babysitter and you terrorized everyone, that's not going to go well in court. So you see your intentions and your actions, along with your past criminal history, will be the deciding factor on whether the judge sees jail in your future. You get points on a sentencing sheet for all these different things. Rack up so many points and it's off to the slammer for you. A sentence of under a year is served in the county jail. A sentence of over a year is served in a state prison. Generally. Every state has their own rules, but that's the way it usually goes. Some crimes have a jail sentence no matter what. Gun laws in Massachusetts for example have an automatic, no getting out of it, jail sentence if the crime was committed with a gun. First time offenders that committed a non violent crime and have no past criminal history will most likely get a suspended sentence, probation and fines. Suspended means you don't have to serve the jail time as long as you do your probation and pay the fines. If you screw up, you will be put in jail to serve the original sentence.