- 1). While felonies vary by state, there are certain crimes which are consistently treated as felonies. Depending on the circumstances surrounding the incident some felonies, such as arson or certain types of assault, may be seen as less serious.
- 2). Probation is a decision by the judge that the felon isn't likely to be a repeat offender or pose a further threat to society. Felons with a history of criminal behavior, or even one prior conviction, have a lower chance of receiving felony probation alone.
- 3). Provide proof that the crime being tried was a one-time lapse in judgment and not an action that may be repeated. Often judges may be lenient, and more likely to hand down a probation-only sentence, when defendants demonstrate that they are productive members of society. Depending on the individual, these can include enrolling in school, taking anger management or other self-improvement classes, pursuing or beginning a new job and participating in community service.
- 4). Plea bargain with the prosecution and the judge. Prosecutors often agree to a more-lenient sentence in exchange for an admission of guilt. A judge is more likely to sentence probation instead of prison if a bargain has been reached between the defense and prosecution.
Source...