Factors Behind Criminal Sentencing and Punishment

If you’re convicted of a crime, the judge will decide your punishment. Your criminal sentence could include jail time, fines, and other penalties, depending on the charges. The court will consider several factors when determining the sentence. These factors can increase or decrease your penalties.

Criminal sentencing and punishments depend on state law. If you want to know about the possible criminal penalties in your situation, talk to a local criminal defense lawyer for legal advice before accepting a plea deal.

What Happens During Sentencing?

Sentencing is the part of a criminal case where the judge determines the punishment. Sentencing can come after you plead guilty or after a jury finds you guilty of a crime. A jury can determine if you are guilty or innocent, but the judge usually decides the sentence.

Possible criminal punishments can include:

• Prison time
• Fines and sanctions
• Restitution made to the victim or their family
• Probation
• Substance abuse treatment
• Community service
• Death penalty

During the sentencing hearing, the judge hears additional testimony from the defendant and any other parties. A defendant can try and provide evidence to support lowering the penalties. This may include testimony from family members about why you should stay out of prison. The prosecutor may introduce evidence to increase the penalties.

If you were already found guilty, the sentencing hearing is important to try and reduce your criminal penalties and try to avoid jail time. Your attorney can advocate for the minimum sentence or for a jail alternative.

Sentencing After a Plea Agreement

Sentencing can be different if you take a plea deal because the sentence is negotiated as part of the agreement. For example, your lawyer can negotiate with the prosecutor that you will plead guilty to a lesser charge in exchange for no jail time. When the prosecutor and defense agree on a plea deal, the judge still has to accept the agreement.

Are There Sentencing Guidelines?

Under federal sentencing laws and in many state jurisdictions, judges follow sentencing guidelines. Federal criminal sentencing guidelines are developed by the U.S. Sentencing Commission. There are maximum and mandatory minimum sentences, depending on the base offense level. The sentence can increase or decrease depending on the individual situation. If a judge goes outside the guidelines, they have to provide a reason for doing so.

What Factors Does the Judge Consider in Sentencing?

There are several factors the court will consider when deciding an appropriate sentence. According to the federal sentencing guidelines, a judge can consider all relevant conduct. This includes the actual criminal act, joint criminal activity, and the harm that resulted from the crime. These aggravating factors will generally result in greater penalties. Mitigating factors, like if this is your first misdemeanor offense, for example, can lower the penalties.

A judge can also base sentencing decisions on other factors, including the specific deterrence effect, the interest in protecting public safety, crime prevention, and your risk of recidivism to commit future crimes.

Aggravating Factors

Aggravating factors are things that make a criminal offense worse than a typical offense. Aggravating criminal behavior can include:

• Causing serious bodily injury or death
• If you have a prior criminal history of the same offense
• Crimes against children, the elderly, or law enforcement officers
• A lack of remorse
• If there were multiple victims

Mitigating Factors

Mitigating factors that can potentially reduce your sentence in the legal system can include:

• Cooperating with law enforcement
• A lack of harm caused by the offense
• If you suffer from drug or alcohol addiction
• If you’re a first-time offender
• If you played a minor role in the crime
• Accepting responsibility and showing remorse

Are There Alternatives to Jail?

Serious violent crimes and gun crimes will usually involve mandatory prison sentences. For misdemeanor offenses, there may be alternatives available so you don’t have to face prison time. Possible jail alternatives can include:

• Probation
• Drug court counseling and treatment
• House arrest

First-time offenders may be able to get deferred sentencing. With deferred judgment, a defendant enters a guilty plea and has to follow the terms of the court. This is like probation. You may have to submit to drug and alcohol testing, check in with the court, and stay out of trouble. After completing the requirements, the charges will be dismissed.

How Can You Reduce Your Sentence?

In the American criminal justice system, there are many theories of punishment, including general deterrence, incapacitation, and public safety. However, sometimes a severe sentence does not match a minor crime. Your attorney can advocate for you to reduce your criminal sentence. Your lawyer can show evidence that you understand the seriousness of the offense and are genuinely remorseful.

You can also show that you are taking steps to address any problems, including undergoing drug treatment or anger management. Talk to your criminal defense lawyer about your legal options for avoiding jail time. For more about your criminal case, talk to a local criminal law defense lawyer.