How Judges Determine Criminal Sentencing

After a defendant is convicted of a crime, they will be sentenced. Sentencing is the final phase of a criminal case and an important part of the criminal justice system. During sentencing, the judge decides what the convicted criminal’s sentence will be.

Many criminal penalties are based on sentencing guidelines. However, the penalties are not always the same, even for the same crime. Different factors can affect a criminal sentence, including the amount of jail time, probation, fines, and other penalties.

Sentencing can be the most important part of your criminal case. If you are facing serious criminal charges, talk to an experienced criminal defense attorney for legal advice.

What Is Criminal Sentencing?

Sentencing is the part of a criminal case where a judge decides your penalties. The sentencing comes after the guilty plea or a guilty verdict. You can be found guilty by the court after pleading guilty or no contest, or after a jury finds you guilty beyond a reasonable doubt.

Based on the facts of the case, sentencing guidelines, and other factors, the judge will decide the penalties, including:

• Prison term
• Fines
• Victim restitution payments
• Probation
• Community service
• Substance abuse counseling

Appropriate sentences are supposed to punish a defendant and have a deterrence effect on others. A sentence should also give you the chance at rehabilitation.

What Is Deferred Sentencing?

Some low-level crimes may be eligible for diversion programs or deferred sentencing. Deferred judgment is a type of plea deal that allows some first-time offenders to avoid a criminal record as part of a diversion program.

If you accept the deal and plead guilty, you will have to follow the terms of probation. If you do not complete the suspended sentence requirements, you can face immediate sentencing.

How Does a Judge Decide a Criminal Sentence?

If you accept a plea agreement, you will generally negotiate the level of sentencing. For example, if you are charged with drunk driving and agree to plead guilty in exchange for no jail time, your attorney and the prosecutor will present the offer to the judge. If the judge accepts the plea deal, you will be sentenced according to the plea agreement.

If a jury finds you guilty, the judge will decide the criminal sentence. Many states have sentencing guidelines that provide for a minimum and maximum sentence or mandatory sentencing, based on the criminal charge. Sentencing can be different for misdemeanors and felony offenses.

The sentence can increase or decrease based on several factors. The judge may have to document their reasons if they sentence you outside of the minimum and maximum sentence. Some state and federal sentencing guidelines have mandatory minimum sentences.

Aggravating and Mitigating Factors

Aggravating factors can increase criminal penalties, and mitigating factors can lower the penalties. Aggravating factors in criminal law can include:

• Criminal history and prior convictions
• Causing serious injury or death
• Use of a deadly weapon
• The extent of damage involved
• Multiple victims
• Vulnerable victims (crimes against children, disabled, or older people)

Mitigating factors in a criminal case can include:

• Cooperating with law enforcement
• First-time offender
• Showing remorse or regret
• Minor role in the crime
• You were a juvenile at the time of the crime

What Happens at a Sentencing Hearing?

A sentencing hearing is the part of a criminal case where the defense and prosecution present their case to the criminal court judge. Your lawyer will make the argument that you should receive a lesser sentence based on sentencing laws and individual circumstances. The prosecutor may try to argue for higher penalties.

Victims also have the right to appear for the sentencing hearing and can make a statement to the court.

Multiple Sentences for Multiple Crimes

If you are convicted of multiple crimes during the same trial then the judge must decide how to apply multiple sentences. You could potentially serve the sentences for each crime consecutively (one after the other) or concurrently (at the same time).

For example, you are convicted of an armed robbery and aggravated battery in the same trial and sentenced to five years for each offense. The judge will decide whether you will serve a concurrent prison sentence and spend a total of five years in prison or a consecutive sentence for a total of 10 years in prison.

How Can a Criminal Defense Attorney Help With Sentencing?

Even if you plead guilty or are convicted of a crime, you have a chance to lower the criminal penalties during sentencing. Your criminal defense lawyer can also represent you during the sentencing hearing to show mitigating factors to reduce your prison sentence or avoid jail time.

As part of a plea agreement, your attorney can negotiate to get the best deal possible. Your attorney may be able to help you avoid jail time, get a suspended sentence, or reduce the charge to a lesser offense. This will make sure you can avoid the most serious criminal penalties.