Agreed, it doesn't have to be that way, but for most crimes, it's currently that way. The kinds of things that would get an individual sent to jail usually get a corporation hit with a fine.
I have this vague recollection that back in the 90's, some culture jamming collective tried to do adbusting defacement of billboards as an LLC, to avoid jail time.
Might have been a CrimethInc. cell, I don't recall.