Dec 30, 2020 Prosecutors take three things into consideration when determining who is eligible for a deferred sentence: criminal history, age, and circumstances of the crime. Hypothetically, if an 18-year-old is charged with his first felony, the chances are high of getting a deferred sentence, unless itâs a severe crime. "We don't want to saddle people with a bunch of felony convictions," said Assistant District Attorney Eric M. Jordan. "If they continue to commit crimes, though, they don't get anymore defers." If a defendant is on probation through a deferred sentence, they can be arrested again for a number of reasons.