Jail vs Prison: What is the Difference?

Jails hold misdemeanor offenders and felony offenders are confined to prisons.

Usually, the difference between jail and prison revolves around the difference between a misdemeanor and a felony. In Texas, misdemeanor offenders sentenced to one year confinement, or less, usually serve their time in the county jail. Felony offenders sentenced to more than one year typically serve their sentences in a public or private prison. Arrested individuals also serve time in a county or city jail. Texas has one of the highest percentages of unsentenced inmates in the country.

A bail bondsman usually gets unsentenced inmates out of jail. A Ft. Worth criminal defense lawyer usually keeps charged individuals out of jail or prison. These offenses often have procedural, substantive, and/or affirmative defenses. A good lawyer uses these defenses at trial, or more likely during pretrial settlement negotiations, to reduce, or even eliminate, harsh jail or prison sentences.

Common Misdemeanors (Jail)

DUI, ordinary assault, and drug possession are three of the most common misdemeanors in Tarrant County and elsewhere in Texas.

DUI is operating a motor vehicle, such as a car or boat, while intoxicated. “Intoxication” is the loss of the normal use of physical or mental faculties or a BAC content above the legal limit. Assault is an intentional blow that causes injury. “Intentional” means “non-accidental.” The injury could be a red spot or something else very minor.

Drug possession, which could be a misdemeanor or felony (more on that below), has three basic elements: actual knowledge, close proximity, and exclusive control.

Probation is far more common in these cases than jail, not because judges are merciful but because probation is conditional release. A first-time DUI is a good example.

If Frank is sentenced to jail, he serves his time, which is usually less than three months, and gets out. If he receives probation, he must undergo an alcohol evaluation, limit his driving, perform community service, and jump through other hoops, usually for at least a year.

After they serve their jail sentences, many people convicted of misdemeanors are eligible for record sealing. A Ft. Worth criminal defense lawyer must determine eligibility, file a petition, and advocate for the former defendant in court.

Common Felonies (Prison)

Aggravated assault, drug crimes, and burglary are three of the most common felony infractions which send people to prison.

Usually, aggravated assault is an assault on a person in a protected class, like a police officer, an assault with a weapon, or an assault that causes serious bodily injury (sends someone to the hospital). Drug trafficking could be the possession of a large amount of drugs, which presumably aren’t for personal use, or the transfer of a single Oxycontin or other pain pill. We stress “transfer” because drug trafficking charges can hold up in court even if no money changes hands.

Most burglary defendants are not masked intruders who steal valuable personal property. Instead, most burglary defendants violated a keep-away order or another element of a restraining order.

County jail inmates usually serve their entire sentences in the same facility. But officials often transfer prison inmates multiple times during their sentences. For inmates who gain trustee status, the prison experience is bad, but not awful. For other inmates, prison is a nightmare.

Most former felons are not eligible for sealing. Instead, the opposite is true. These individuals often permanently lose some of their civil rights, such as the right to vote or own a gun.

Rely on a Dedicated Tarrant County Attorney

There is a big difference between jail vs. prison. For a confidential consultation with an experienced criminal law attorney in Ft. Worth, contact the Law Office of Kyle Whitaker. We routinely handle matters throughout North Texas.