Correctional facilities across the U.S. have an overcrowding problem. By the end of 2021, the U.S. prison population had reached 1,204,300 inmates- around three people behind bars for every 1,000 residents.
With prisoners like Francis Clifford Smith spending over 70 years in prison, it makes sense that one of the solutions proposed to fix the prison overcrowding problem was to shorten the jail time offenders spend in prison.
With that in mind, what are the possible jail times an inmate is looking at for certain crimes? How does the offense affect time in incarceration? Are there other factors that can impact sentence length? Are there differences in sentencing across states?
In this article, let’s look at the concepts of sentencing and penalties, including different offense categories and the various factors, practices, and policies that can influence jail times.
Visit LookUpInmate.org to access an extensive database of over 7,000 correction facilities in the U.S. and learn how each handles jail times for different crimes.
Average Jail Time for Common Crimes in the U.S.
One of the critical considerations regarding criminal offenses is the length of jail time someone might face upon conviction.
The average prison sentence length can vary based on the type of crime you commit, the crime’s state, and the specific details of your case.
Here’s a quick look at the average jail times for different offenses according to the Bureau of Justice Statistics (BJS) 2018 report:
- Murder: If a judge convicts you of murder, you can expect to spend a median time of 17.5 years in state prison.
- Violent Crimes: Excluding murder, the average time served in state prison for other violent crimes, such as rape and sexual assault, is 9.6 and 5 years, respectively.
- Drug Trafficking: If you’re involved in drug trafficking, the median time served in state prison is around 17 months, with an average sentence length of 7 years.
- Drug Possession: The median time served for drug possession is around nine months, and the average time spent in state prison is about 3.7 years.
- Property Crimes: For property crimes like burglary, the median time served is 16.4 months, larceny theft is 26.1 months, and motor vehicle theft is 21.4 months.
- Federal Offenders: In federal prisons, the average guideline minimum for federal offenses, like arson, bank robbery, and credit card fraud, is 166 months, with an average imposed sentence of 147 months.
- Capital and Life Felony: The most severe criminal offense is a capital felony, which includes crimes like human trafficking and heavy child abuse. These offenses generally lead to a life or death sentence. A life sentence means you’ll be behind bars for the rest of your life.
- Class A Felony: Class A felonies, which include some instances of murder, treason, and espionage, typically carry minimum sentences of 25 years with a maximum sentence of 60 years.
Sentencing Across the Country
Sentencing laws and practices vary from state to state. Each jurisdiction establishes its guidelines and determines the length of jail time for different offenses. A 2021 BJS report states Mississippi had the highest incarceration rate while Massachusetts had the least.
Unfortunately, prisoners can be transferred from one state prison to another. You can use LookUpInmate.org’s inmate locator tool to determine how the new prison’s state deals with sentencing.
Jail Times, by State
Here’s a table of the average sentence length (in years) you may face across different states:
| Mississippi | 14.76 | New York | 4.85 |
| Michigan | 14.76 | Illinois | 4.7 |
| Georgia | 10.75 | South Carolina | 4.56 |
| Montana | 10.13 | Florida | 4.51 |
| Utah | 8.37 | California | 4.49 |
| Iowa | 7.84 | Oregon | 4.42 |
| Wyoming | 7.37 | Texas | 4.42 |
| New Hampshire | 7.34 | Massachusetts | 4.37 |
| Wisconsin | 6.84 | Minnesota | 4.03 |
| Missouri | 6.75 | North Carolina | 3.65 |
| Nebraska | 6.74 | Colorado | 3.35 |
| Pennsylvania | 6.5 | Arizona | 3.07 |
| Alabama | 6.01 | Washington | 3.05 |
| Louisiana | 5.9 | Ohio | 2.75 |
| South Dakota | 5.86 | Maine | 2.64 |
| Nevada | 5.67 | Kansas | 2.75 |
| U.S. Average (39 States) | 5.53 | North Dakota | 2.35 |
| Indiana | 5.22 | Rhode Island (IV) | 1.29 |
| New Jersey | 5.09 | Delaware | 0.83 |
| Kentucky | 5.07 |
As you can see, average jail times vary widely in the state. Fortunately, LookUpInmate.org offers relevant resources for each state, such as facility policies on jail times.
Common Sentences Nationwide
In 2022, drug offenses, such as drug trafficking and possession, had the highest reported cases at 31.5% of sentences nationwide. Immigration cases followed closely behind at 27.5%.
Sentencing and Penalties
When it comes to sentencing, several factors come into play. These factors include the nature of the crime, your criminal history, personal circumstances, and displaying remorse. Some offenses, such as the “Three Strikes” laws, carry mandatory sentences.
In the criminal justice system, there’s room for discretion in sentencing, with judges offering options like fines, community service, deferred adjudication, probation, or unconditional discharge.
If you’re facing multiple charges, you may receive different types of sentencing, such as concurrent, consecutive, determinate or indeterminate, deferred, or suspended.
Criminal sentencing can range from probation to imprisonment and, in some cases, even capital punishment.
For minor infractions and misdemeanors, sentencing typically occurs right after conviction. You can expect your sentencing to be determined through plea bargains for more serious crimes.
Judges can take charge of sentencing if no deal happens. In such scenarios, judges will dole out your sentence after considering inputs from the prosecution, defense, and victim statements.
Your correctional facility can influence the sentence and penalties you might receive. Check out LookUpInmate.org to determine how your specific prison handles sentencing and penalties.
Felony Penalties
Felony penalties can vary depending on the severity of the offense and the specific circumstances involved.
Here is a breakdown of the penalties for different felony classifications:
Capital Felonies
Capital felonies have the most severe penalty and involve the most serious crimes. Offenses that can fall under a capital felony include first-degree murder, rape, and severe child abuse.
The punishment for capital felonies is generally the death sentence and only applies in certain states.
States that have capital punishment as a penalty include:
| Alabama | Mississippi | South Carolina |
| Arizona | Missouri | South Dakota |
| Arkansas | Louisiana | Tennessee |
| California | Montana | Texas |
| Florida | Nevada | Utah |
| Georgia | North Carolina | Wyoming |
| Idaho | Ohio | |
| Indiana | Oklahoma | |
| Kansas | Oregon | |
| Kentucky | Pennsylvania |
Class A Felony Jail Time
Excluding crimes punishable by the death penalty, Class A felonies represent the most severe offenses. The punishment for Class A felonies typically carries minimum sentences of 10 years or higher and a fine of up to $60,000.
Examples of the amount of time you’re looking at behind bars for a Class A felony can look like this:
- Murder maintains a 25-year minimum sentence and a maximum sentence of 60 years.
- Aggravated sexual assaults on children can result in a minimum sentence of 25 years for the first offense. Subsequent offenses carry a 50-year sentence.
Class B Felonies
Class B felonies are less severe than Class A felonies but are more serious than Class C felonies. These include crimes like voluntary manslaughter, robbery, and hate crimes.
If you commit a Class B felony, you’re looking at a 5-year minimum sentence plus a fine of up to $40,000.
Here are some examples of Class B felony sentences:
- Manslaughter, which refers to killing without premeditation, results in a minimum sentence of 5 years and a maximum sentence of 40 years.
- First-degree assault can lead to a minimum penalty of 5 years. The minimum sentence increases to 10 to 20 years if the victim is under 10, an elderly, pregnant mother, disabled individual, blind, or mentally challenged.
Class C Felonies
Class C felonies are offenses less serious than Class A and B felonies but are more serious than misdemeanors. While less severe, crimes like stalking on the internet and forgery may include a prison time of up to 10 years and a fine of $15,000.
Here’s what you can expect if you commit a Class C felony:
- Selling or transporting illegal assault weapons can lead to a two-year prison sentence. The sentence can become six years if you sell to a minor.
- Second-degree manslaughter with a firearm carries a minimum sentence of one year or more.
Class D Felonies
Class D felonies, such as identity theft and felony drunk driving, represent the least severe type of felony but are still more serious than misdemeanors. These offenses carry a maximum sentence of 5 years and a fine of up to $10,000.
Here are some examples of Class D felony prison sentences:
- Offenses such as speeding to elude police, selling liquor to individuals under 21 years of age, and third-degree possession of child pornography carry a mandatory minimum sentence of one year.
- Possessing a handgun as a criminal also results in a minimum two-year sentence.
Infraction Penalties
Among other offenses, an infraction is considered the least severe concerning sentencing.
Infractions occur when you violate a rule, ordinance, or law, such as jaywalking or littering. Generally, infractions don’t carry jail time and may not result in a criminal record.
The penalty for an infraction is typically limited to paying a fine. However, according to federal law, an infraction can be classified as a crime with a potential jail sentence of up to five days.
Misdemeanor Penalties
Misdemeanors are more serious offenses than infractions. In federal law and most states, a misdemeanor is a criminal offense with a potential prison sentence length of less than one year in local county jails.
Similar to felonies, misdemeanors are also divided into different classes based on the maximum prison time specified by the federal sentencing guidelines. The categories are:
- Class A misdemeanor: Imprisonment of one year or less but more than six months.
- Class B misdemeanor: Imprisonment of six months or less but more than thirty days.
- Class C misdemeanor: Imprisonment of thirty days or less but more than five days.
Wobbler Offenses
Wobbler offenses are unique because the sentencing commission can decide whether they’re misdemeanors or felonies. It’s up to the prosecutor to determine how to charge wobbler offenses like assault with a deadly weapon, vehicular manslaughter, and graffiti defacement.
The penalty for wobbler offenses aligns with the standard punishment for felony and misdemeanor offenses. In other words, a wobbler can be punishable by a prison term in state prison or county jail, plus fines.
The severity of the punishment hinges on the specific circumstances of the case and the jurisdiction in which the crime occurred.
Three Strikes Law
Three-strike laws are sentencing structures that impose harsher penalties on repeat offenders. These laws vary across states and jurisdictions. In California, for example, you may face a 25-year mandatory sentence to life imprisonment on your third violent felony conviction.
Sentencing Over Time
While the total number of sentences decreased by 20.3% between 2010 and 2017, the U.S. still has the most incarcerated worldwide. Many attribute this fact to America’s laws and policies on criminal sentencing.
Fortunately, sentencing practices are evolving, reflecting changes in societal attitudes and criminal justice policies. Sentencing guidelines and reforms aim to ensure fair and proportionate punishment while considering rehabilitation and reducing recidivism rates.
Alternative Punishment
Today, alternative forms of punishment or sentencing are being considered instead of traditional incarceration. These alternatives include suspended sentences, probation, fines, restitution, community service, and deferred adjudication or pretrial diversion.
That said, it’s still up to the criminal court to decide whether to impose alternative sentences. Various factors, such as the type and severity of your crime, your age, criminal history, the effect of the crime on the victim, and your remorse, all influence this decision.
U.S. Public Divided Over Whether People Convicted of Crimes Spend Too Much or Too Little Time in Prison
There is an ongoing debate among the American public regarding the appropriate length of prison sentences. Some argue that certain crimes warrant more prolonged incarceration. Others advocate for more rehabilitative approaches.
The discussion surrounding prison sentences reflects differing perspectives on deterrence, punishment, and the criminal justice system’s goals. Race, ethnicity, and political views also impact attitudes about the different aspects of the U.S. criminal justice system.
You can find out how certain correctional facilities across the U.S. handle incarceration by visiting LookUpInmate.org’s extensive prison guidelines and policies database.
FAQs
1. How many months is a year in jail?
While 12 months equals a year, correctional facilities often apply “good-time credits,” which reduce the number of days off monthly.
2. What is the lowest time in jail?
The lowest time in jail depends on various factors, such as the offense and jurisdiction handling the sentencing. However, minor crimes like misdemeanors have short prison sentences, with some only a few days.
3. What crime gives the most jail time?
Capital felonies, such as murder, certain forms of sexual assault, and severe drug offenses, can result in the most extended jail sentences, as they can lead to life imprisonment or even a death sentence.
4. How long is 60 months in jail?
Prisoners can earn “good time” credit for good behavior, typically 54 days per year, according to the Bureau of Prisons (BOP). A 60-month sentence can accumulate 270 days (5 x 54 = 270) of good time credit. In this scenario, a 60-month sentence equals a prison time of 51 months.
References
1. Prisoners in 2021 – Statistical Tables
https://bjs.ojp.gov/library/publications/prisoners-2021-statistical-tables
2. U.S. Population 1950-2023
https://www.macrotrends.net/countries/USA/united-states/population
3. Reducing Prison Crowding – An Overview of Options
https://www.ojp.gov/ncjrs/virtual-library/abstracts/reducing-prison-crowding
4. Time Served in State Prison, 2018
https://bjs.ojp.gov/content/pub/pdf/tssp18.pdf
5. Time Served in State Prison, 2016
https://bjs.ojp.gov/content/pub/pdf/tssp16.pdf
6. Federal Offenders in Prison – March 2021
https://www.ussc.gov/sites/default/files/pdf/research-and-publications/
7. The Relationship Between Sentence Length, Time Served, and State Prison Population Levels
https://counciloncj.foleon.com/tfls/long-sentences-by-the-numbers/
8. USSC Releases 2022 Annual Report and Sourcebook of Federal Sentencing Statistics
https://www.fd.org/news/ussc-releases-2022-annual-report
9. Criminal Sentencing
https://www.findlaw.com/criminal/criminal-procedure/criminal-sentencing.html
10. Death Penalty, State by State
https://deathpenaltyinfo.org/state-and-federal-info/state-by-state
11. Class A and Level One Felonies
https://www.criminaldefenselawyer.com/resources/class-a-felony
12. Class B and Level Two Felonies
https://www.criminaldefenselawyer.com/resources/criminal-defense/
13. Class C and Level Three Felonies
https://www.criminaldefenselawyer.com/resources/criminal-defense/
14. Class D and Level Four Felonies
https://www.criminaldefenselawyer.com/resources/criminal-defense/
15. What’s the Difference Between a Misdemeanor vs. Felony?
https://www.findlaw.com/criminal/criminal-law-basics/
16. Wobbler
https://www.law.cornell.edu/wex/wobbler
17. Three Strikes
https://www.law.cornell.edu/wex/three_strikes
18. SENTENCING & PENALTIES
https://www.criminallawyersandiego.com/criminal-defense/
19. Crimes and Convictions
https://www.security.org/resources/crime-sentencing-by-state/
20. Alternative Sentences
https://www.findlaw.com/criminal/criminal-procedure/alternative-sentences.html
21. U.S. public divided over whether people convicted of crimes spend too much or too little time in prison
https://www.pewresearch.org/short-reads/2021/12/06/
22. Good Time Credit Law and Legal Definition
https://definitions.uslegal.com/g/good-time-credit/
23. QUESTIONS ABOUT FEDERAL PRISON SENTENCES
https://etikallc.com/questions-about-federal-prison-sentences/
24. An Overview of the First Step Act
https://www.bop.gov/inmates/fsa/overview.jsp#:~:text=Incentives%20for%20Success