Of all the penalties a person can face for conviction, jail time is the most common concern among those in this challenging situation. It’s possible to avoid incarceration if you are facing a first non-violent offense, if you qualify for alternative sentencing due to a disability, substance abuse disorder, or mental health condition, or if the prosecution fails to present compelling enough evidence to secure a conviction. Some prosecutors may extend plea deals to defendants when they have the evidence they need for conviction, and your attorney can advise whether a plea deal would be the best option for you.