criminal-law criminal-record
Difference between 364 and 366 days sentence
<p>I just read that a relatively famous US TV personality has been sentenced to 366 days in jail for fraud (hiding about $750,000 in a bankruptcy case). Is there a significant difference between a 366 days and a 364 days sentence (other than the two extra days obviously)? </p>

<p>I learned in another question that there can be a significant difference between crimes with a maximum sentence of less than a year and more than a year, independent of the actual sentence, but that's a different situation. In that case "six months sentence for a crime punished with up to one year in jail" and "six months sentence for a crime punished with up to two years in jail" can make a difference. </p>

<p>As explained in the comments, a sentence is more than one year is the operational definition of a felony in many context concerning the collateral consequences of a sentence. </p>

<p>For example, a sentence of more than one year causes a person to be deportable, while one of less than one year generally does not. Another consequence is that the offense will count as a prior felony in the event of a new conviction which can result in a much longer sentence for a subsequent offense. In many states, a prior felony means losing the right to vote and the ability to have or obtain a license in many professions.</p>

<p>Sentences of more than one year are also generally served in a state prison rather than in a county jail. </p>

<p>Both of these factors make a sentence of 366 days significantly more serious than one of 364 days.</p>
