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Criminal Defense Statistics

  • In 1998, State and Federal courts convicted a combined total of nearly 980,000 adults of felonies - State courts convicted 927,717 adults and Federal courts convicted 50,494 adults (accounting for 5% of the national total.)
  • In 1998, 68% of all felons convicted in State courts were sentenced to a period of confinement - 44% to State prisons and 24% to local jails. Jail sentences are for short-term confinement (usually for a year or less) in a county or city facility, while prison sentences are for long-term confinement (usually for over a year) in a State facility.
  • State courts sentenced 32% of convicted felons to straight probation with no jail or prison time to serve.
  • Felons sentenced to a State prison in 1998 had an average sentence of 5 years but were likely to serve almost a half (47%) of that sentence - or just over 2 years - before release, assuming that 1998 release policies continue in effect.
  • The average sentence to local jail was 6 months. The average probation sentence was about 3 1/4 years.
  • Besides being sentenced to incarceration or probation, 36% or more of convicted felons also were ordered to pay a fine, pay victim restitution, receive treatment, perform community service, or comply with some other additional penalty. A fine was imposed on at least 21% of convicted felons
Lengths of felony sentences imposed by State courts, 1998
Average maximum sentence length
(in months) for felons sentenced to:

Incarceration

Most serious conviction offense Total Prison Jail Probation

All offenses 39 mo 57 mo 6 mo 40 mo
Violent offenses 77 mo 100 mo 7 mo 47 mo
Property offenses 31 mo 44 mo 5 mo 39 mo
Drug offenses 31 mo 47 mo 5 mo 38 mo
Weapons offenses 29 mo 42 mo 6 mo 35 mo
Other offenses 25 mo 40 mo 6 mo 40 mo
Note: Means exclude sentences to death or to life in prison. Sentence length data were available for 921,328 incarceration and probation sentences.  

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