Can I get house arrest instead of going to jail?

1. Learn if house arrest is available

A that imposes is called a .

When a conditional sentence is allowed

You can only be given a conditional sentence if:

  • the crime is not punishable by a minimum term in jail, and
  • your sentence is for less than 2 years.

When a conditional sentence is not allowed

You can’t be given a conditional sentence if you’ve been found guilty of an that:

  • has a maximum term in jail of 14 years or life, or
  • has a maximum term in jail that is 10 years, and the crime involved physical harm to the victim, producing or selling drugs, or a weapon.

For example, you can’t get a conditional sentence if you’re found guilty of a crime such as:

  • abducting a person under 14 years of age

You also can’t get a conditional sentence if you’re found guilty of a crime that involved serious property damage such as:

  • stealing a motor vehicle
  • stealing property worth more than $5000
  • breaking into a place other than a house
  • being in a house without the legal right to be there
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