How can someone be convicted of a Class D felony and only get probation?

Question

The crime was embezzlement and this was the fourth time that he had been brought to court and sued for the same con but with different people involved. Basically he is a self contractor/construction and the victims would give him a lump sum of money, around 5 grand, and instead of getting the materials and beginning the work, he would spend it and never do the work. 

So, the victims would take him to court and sue. Now, in all the other cases he was never charged and paid the money back, a plea bargain,I guess. 

But what he is saying, is that because this is a first time conviction, he didn't have to serve any jail time. Just four years of probation and making payments of 150 a month to the probation officer. And supposedly he has lost all gun privileges except a muzzle loader.  What the  hay??

STEVEN F · Accepted Answer

"So, the victims would take him to court and sue."
That is NOT a criminal charge and a plea bargain CAN'T happen in a CIVIL case.   What happened here is called a settlement.

"And supposedly he has lost all gun privileges except a muzzle loader."
Someone misunderstood.  Under US Federal law, a Felony conviction results in loss of rights to ALL firearms including muzzle loaders.

"How can someone be convicted of a Class D felony and only get probation?"
A Felony is defined as a crime that carries a MAXIMUM sentence of 1 year or more in  prison.  First time offenders almost NEVER receive the maximum for anything.

The Truthseeker · Answer

There is no room in the inn for most white collar crimes; the first offense anyways. If he violates the probation though, big problem.

Michael H · Answer

This is his first conviction, and for a non violent crime, it wouldn't surprise me if he got probation.

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How can someone be convicted of a Class D felony and only get probation?

3 Answers