A prison sentence is the most severe sentence that can be handed down for a first probation violation. A prison sentence usually results in very serious penalties, including heavy fines, lengthy incarceration, or even more jail time. When it comes to a probation violation, many people do not know about the severity of the punishment that can be given to a defendant.
The seriousness of the sentence for a first probation violation misdemeanor offense often varies by state and federal law. It is important that a defendant is aware of the consequences of their actions, especially when it comes to the crime of probation violation. If a defendant is not careful, they could end up serving more time in jail than if they were found guilty of the original crime in the first place. Some states also allow the court to suspend the offender’s driver’s license, which will keep them from being able to get their own vehicle, for the full period of their sentence.
Factors that Affect Probation Violation Punishment
A number of factors are considered when deciding the length of time that a defendant will spend in prison for a first time probation violation. This includes factors such as the seriousness of the crime committed, the level of criminal activity a defendant has been accused of, whether or not the defendant was previously convicted of a similar crime, and any other mitigating factors that could contribute to the punishment. It is important for a person to realize that even the most minor of infractions could result in a prison sentence, if they have not already served time.
Another factor that affects the punishment a person receives for a probation violation is the type of crime that they have committed. A person who has been convicted of armed robbery can expect to receive a sentence of five years in prison if they have not already served their time. In some cases, those who have been charged with assault, drug possession, vandalism, domestic violence, driving under the influence, or other crimes that involve firearms may be sentenced to up to twenty years. Even if a judge sentences a defendant to probation, the amount of time they are given in jail may vary depending on what part of the country they live in.
Prison Time Can Be Avoided
In some cases, prison time can be avoided if a person completes all of their probation requirements. This is an option that a defendant can take and is not recommended. Doing so may result in the end of their probation and a permanent record of a failed probation violation. Those who are in need of intensive and specialized rehabilitation services may be eligible for a diversionary program that allows them to avoid jail, but requires a long-term commitment of the offender to an alcohol or drug treatment center.
Probation Violations Can be Difficult Situations
Probation violations can be a lot harder to handle than a more serious crime, but the consequences are often far less severe. This is especially true when it comes to punishments for probation violations involving serious felonies such as assault, drug possession, or theft. The person who commits a probation violation should expect a more lenient jail sentence than for their offense.