Drug Offenses

• Drug offenses include possession, sales and production or manufacturing. Most drug offenders need some type of substance abuse treatment and probation gives them the ability to attend support groups, outpatient treatment or residential treatment as needed. Probation officers regularly drug test these offenders.
  
  Alcohol-related offenses, especially drinking and driving, also qualify for probation. Again, the offender can go to treatment, attend a victim impact panel where she can see the dangers of drinking and driving from another perspective and pay court fees.
  
  

Property Crimes

• Property crimes almost always qualify for probation. Traditional property crimes such as property damage, trespassing, burglary and theft meet the criteria and identity theft, fraud and falsifying information to obtain food stamps or other government benefits also qualify. Offenders who embezzle money also usually receive probation, depending on the amount taken and other circumstances surrounding the crime.
  
  

Domestic Violence

• Domestic violence offenses include stalking, threatening and intimidation, simple assault, assault with a deadly weapon, rape, protection order violation and aggravated assault. Aggravated assault includes the presence of a permanent or disfiguring injury, such as a broken bone, scar or burn.
  
  

Sexual Crimes

• Sex offenses often qualify for probation, such as sexual conduct with a minor, sexual assault, aggravated sexual assault, solicitation of sex with a minor or Internet sexual crimes. The courts usually consider the age difference between offenders and victims, although legally, once an offender turns 18, he could technically be prosecuted for sex with a minor despite the fact that nothing else changed in his relationship with his girlfriend who may be underage.
  
  

Miscellaneous

• Many other crimes with victims qualify as probation-eligible offenses. Probation emphasizes the need for the restoration of and restitution to victims. Probation often allows the offender to do just that, especially in regards to financial compensation. Some of these crimes include child abuse, voluntary or involuntary manslaughter, simple assault, sexual assault and aggravated assault.
  
  

Exclusions

• While the courts disqualify certain violent offenses from probation, they often look at other extenuating circumstances before making a decision. One of the main considerations includes prior criminal history such as the number of offenses; previous probation, parole and prison terms; and history of violence. When the courts may be trying to decide if an offender should receive probation, they also consider the wishes of victims.