Last Updated on September 11, 2024
Most people use the terms “jail” and “prison” interchangeably, but those familiar with the legal system understand that the two institutions operate quite differently. If you have been accused of a crime, criminal lawyer Peter M. Liss believes it’s a good idea to know the difference between jail and prison to better understand the potential penalties.
What is a Jail?
A jail is an institution where people are incarcerated. When people are arrested and awaiting their trial, they are often held in jail unless they are released, whether on their own recognizance, through bail, or occasionally through the use of a GPS monitoring device.
Jail terms can also be used as a criminal sentence. Most offenders ordered to serve time in jail have been convicted of misdemeanors, meaning their sentence is no more than one year long. However, some sentences for felony crimes can also be served in jail. If the court sentences anyone convicted of a felony to probation, the defendant can serve up to one year in jail. Additionally, persons convicted of lower-level felonies now serve their time in local jails as part of a local prison sentence, meaning some offenders may be in county jail for many years.
What is Prison?
Like jails, prisons are places where people are forced to stay when they commit crimes. People can only be sentenced to prison after being convicted, so those awaiting trial are only held in jail. Prison sentences are reserved for those convicted of a felony, so people usually spend more time in prison than in jail. Anyone convicted of a capital crime and left waiting on “death row” will serve their sentence in prison. So will many people convicted of less serious crimes such as fraud or perjury.
If you aren’t sure whether you are facing misdemeanor, felony, or wobbler charges, your defense lawyer can tell you more about the potential sentencing for your case.
What is the Difference Between Jail and Prison?
Aside from the fact that jail sentences are typically shorter because they are for lower-level crimes, jail is also different in that a county sheriff’s department usually operates them, while the state correctional department operates prisons. Usually, prisons are much more secure, and prisoners are subject to more regulations.
While jail is generally preferable to prison due to the maximum sentence length and the types of people a person will be incarcerated with, prison offers some amenities that are unavailable in jail. One thing that is better about prison is that those in jail get minimal exercise. Local jails, including the Vista jail, lack equipment and space for exercise equipment and grounds, so they only usually offer prisoners a maximum of three hours of exercise per week, as provided by state law. On the other hand, California state prisons have far more recreational amenities, including running tracks, which means prisoners are permitted more exercise time.
Another difference between jail and prison is that inmates in jail generally must see their visitors through a piece of Plexiglas (though some jails allow webcam computer visitations instead). In contrast, prisons often let visitors and inmates see each other face-to-face —sometimes, they even offer conjugal visits.
| Jail Vs. Prison | |
| Jail | Prison |
| For those awaiting trial or those convicted of misdemeanors or low-level felonies | Only for those convicted of felonies, all the way up to the death penalty |
| Most people spend one year or less in these institutions | Most prisoners have multi-year sentences |
| Managed by the local sheriff’s department | Operated by the California Department of Corrections and Rehabilitation |
| Less secure | More restrictive |
| Prisoners get limited exercise, often only 3 hours a week | Legally required to offer exercise facilities, and prisoners get 1 hour of exercise a day |
| Visitations must be made through plexiglass or online | Visitors can see prisoners in person, and conjugal visitations are sometimes available |
Is it Better to be Sentenced to Jail or Prison Time?
When it comes to jail vs. prison, the best option is to avoid incarceration altogether, whether through an alternative sentencing program or by proving your innocence. If you have been accused of a crime or have other questions about how jail and prison differ, criminal defense attorney Peter M. Liss can help. Please call (760) 643-4050 to schedule a free initial consultation at his office, located directly across from the Vista jail and courthouse.
