Will I Go to Jail for a Criminal Conviction?

September 20, 2021

Will I Go to Jail for a Criminal Conviction?

Barbed wire fence in front of a brick building.

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. 

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.

 

With offices located in downtown Montgomery, The Law Office of Richard F. Matthews, Jr., serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama and throughout the State of Alabama, including Montgomery, Troy, Wetumpka, Prattville, Selma and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr.. Information submitted in such communication is not privileged and may be subject to disclosure. 

“Construction workers wearing safety harnesses and helmets climbing a steel framework at a job site.
By Matt Matthews March 1, 2026
Learn how wrongful death claims work after workplace or business fatalities in Alabama. Understand workers’ comp limits and third-party liability options.
“Severe truck and SUV collision at an intersection involving a semi-truck and heavily damaged vehicl
By Matt Matthews March 1, 2026
Learn how black box data and electronic logging devices reveal the truth in fatal truck accidents in Alabama. Understand trucking company liability and key legal steps.
Gavel on wooden block, paper, and person writing in the background.
By Matt Matthews February 1, 2026
Learn how wrongful death claims work in Alabama in 2026. Understand who can file, key legal requirements, timelines, and how families can seek justice after a tragic loss.
Man in blue uniform injured on floor, being helped by others in factory. Yellow helmet nearby.
By Matt Matthews February 1, 2026
Learn the key steps to take after an industrial accident in Alabama. Understand reporting requirements, medical documentation, claim timelines, and common mistakes that can impact your case.
Car accident scene; two damaged vehicles on a road, debris scattered, fire extinguisher nearby.
By Matt Matthews January 13, 2026
Understand your legal rights after a serious car accident in Alabama. Learn how fault, insurance claims, and compensation work under Alabama personal injury law in 2026.
Woman in safety gear tending to a man's injured leg at a manufacturing site.
By Matt Matthews January 13, 2026
Learn how workers’ compensation claims work in Alabama in 2026. Understand eligibility, benefits, reporting deadlines, and what injured workers can do if a claim is delayed or denied.
Person writing on a clipboard with a bandaged hand.
By Matt Matthews December 1, 2025
Learn how Alabama’s strict contributory negligence rule affects personal injury claims, the key exceptions, and how to protect your right to compensation.
Two cars damaged in a collision, with a man and a woman inspecting the damage.
By Matt Matthews December 1, 2025
Learn the essential steps to take immediately after an Alabama automobile accident to protect your legal rights, secure evidence, and strengthen your compensation claim.
Show More