{"id":352315,"date":"2023-12-14T14:41:10","date_gmt":"2023-12-14T19:41:10","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/suspended-sentences.html"},"modified":"2023-12-14T14:41:10","modified_gmt":"2023-12-14T19:41:10","slug":"suspended-sentences","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/suspended-sentences.html","title":{"rendered":"What Is a Suspended Sentence?"},"content":{"rendered":"\n
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What Is a Suspended Sentence?<\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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A suspended sentence is when a judge postpones all or part of a prison sentence. Instead, the person serves probation. Staying out of jail can ease the disruption to your life after a criminal conviction. Yet, you must follow the conditions of the suspension to avoid serving the time in prison.<\/p>\n\n <\/div>\n\n

The thought of going to prison may seem terrifying when facing criminal charges. But many defendants can avoid jail time with probation or a suspended sentence. With a suspended sentence, the judge can still impose a jail term.<\/p>\r\n

The judge will suspend the jail sentence to let the defendant serve probation instead of time behind bars. Suspended sentencing can also help the state avoid jail overcrowding.<\/p>\r\n

You may seek a suspended sentence at the plea hearing or the sentencing hearing. Legal representation can help improve your chances of avoiding jail. A criminal defense lawyer<\/a> can negotiate with the prosecutor to get a suspended sentence or other favorable outcomes. Or, an attorney can ask the judge for a lighter sentence based on your situation.<\/p>\r\n

When a suspended sentence is hanging over your head, it’s important to follow the terms of probation<\/a>. If there is a violation during the period of probation, your could end up back in jail to serve the prison sentence.<\/p>\r\n

Who Is Eligible for a Suspended Sentence?<\/h2>\r\n

The court may offer a suspended sentence to anyone convicted of a minor, non-violent offense with no criminal history. An example would be a misdemeanor criminal offense<\/a> where the defendant does not pose a risk of danger to the community.<\/p>\r\n

Many first-time, low-level offenders will be eligible for a suspended sentence or other alternative sentencing<\/a>. A suspended sentence also allows the defendant to stay employed or attend school and may reduce the risk of recidivism.<\/p>\r\n

Sometimes, suspended sentences aren’t allowed for certain categories of crimes or offenders. Criminal statutes set mandatory minimum sentencing options. These are codified laws for the imposition of a sentence for:<\/p>\r\n