Sentencing in Criminal Cases
Key Takeaways:
- Criminal laws typically have minimum and maximum penalties associated with a conviction.
- Some laws may also require mandatory minimum sentences, meaning judges cannot sentence a criminal defendant to less than the law demands.
- Sentencing guidelines have an upper and lower range of possible sentences.
There is good reason to worry about the penalties that come with a criminal conviction. A criminal sentence can have life-altering consequences. Because there are a lot of factors that affect sentencing, including the types of crimes, it can be difficult to know what the potential sentence is for the criminal charge you are facing.
If you are facing sentencing, have been charged with a crime, and are awaiting trial, contact an experienced criminal defense attorney to guide you through all stages of the criminal justice system. including sentencing.
Criminal Sentencing Basics
Sentencing laws are complex for felonies and misdemeanors. The most important factors that influence criminal sentencing are:
- Federal and state sentencing laws: Criminal laws typically have minimum and maximum sentences associated with a conviction. Some laws may also require mandatory minimum sentences.
- Sentencing guidelines: Federal and state governments also have sentencing guidelines that attempt to make sentencing as consistent as possible. Guidelines have a range of years for a sentence and any factors a judge should consider when determining the sentence. Judges can legally deviate from them in some cases. If you are facing federal criminal charges, you will be subject to federal laws and federal sentencing guidelines.
- Plea deals: A plea deal will usually give something to the defendant, like dropping a more serious charge, in exchange for pleading guilty or no contest to a lesser charge.
The court sentences defendants according to sentencing guidelines, what the prosecution is seeking as a sentence, and any other legal factors that would make a sentence more or less severe. For example, an adult with a criminal history and prior conviction will likely receive a harsher sentence than someone committing a first offense.
Sentencing Guidelines
Sentencing guidelines are comprehensive guidelines judges use in sentencing. They exist to remove indeterminate sentencing and unfair sentencing practices. However, they are not mandatory. They provide a sentencing range by which a judge should impose a prison sentence.
In 2005, the U.S. Supreme Court ruled that making the guidelines mandatory would violate the Sixth Amendment since they include factors that are not always proven beyond a reasonable doubt to a jury. In other words, when issuing a sentence, a judge cannot use evidence that wasn’t part of the trial.
Guidelines generally use a points system or a worksheet. The guideline range can take into account other things like your criminal record and criminal conduct. Sentencing judges can also recommend probation, parole, or another alternative sentence. Aggravating and mitigating factors associated with the crime also allow a judge to deviate from sentencing guidelines.
All sentences can be appealed to a higher-level court of appeals, even if it may be difficult to overturn.
The Death Penalty
Several states and the federal government allow capital punishment for certain crimes. All prisoners currently on death row were convicted of murder. Those against the death penalty cite the socioeconomic and racial disparities with which it is handed out, while those in favor argue it has a deterrence effect for others.
A murder conviction does not always mean the death penalty, even if state law allows it. Prosecutors must seek the death penalty for a judge to order it as a sentence. Criminal defendants facing the death penalty can sometimes reach a plea deal to serve a life sentence instead of the death penalty.
Mandatory Sentencing
Mandatory minimum sentences mean that convictions must include at least the minimum sentence in the law. They are controversial.
A related law is the “three strikes law,” which started in California. These laws require a severe penalty after a third conviction. These are also controversial, as some people may be serving life sentences for committing three petty, non-violent offenses.
Finally, there are “truth in sentencing” laws that eliminate the possibility of parole, which is the early release from prison. If you are sentenced under a truth-in-sentencing law, you will serve your entire sentence in prison.
Those in favor of mandatory sentencing cite the disparity in sentencing decisions. Those against it argue that it removes judicial discretion from state and federal judges who have seen the whole trial and know the case.
Depending on the jurisdiction, those convicted can still expect a sentencing hearing before a sentencing judge.
Probation and Parole
Probation is an alternative sentence to a prison term available for some crimes. When on probation, offenders do not serve time behind bars and can instead live at home, work, and have some amount of mobility, for example being able to drive to work or school.
Parole is similar to probation, but it occurs after imprisonment. Parole is the early release from prison. It allows criminal offenders the opportunity to rejoin society and become productive members of the community. Judges can sometimes prohibit parole as part of a sentence.
There can be numerous conditions for probation and parole. These include regular check-ins with a probation officer or parole officer. Other typical conditions include drug tests, looking for or keeping a job, travel restrictions, and avoiding more arrests. Violating probation or parole terms can mean going to jail.
Research More About Sentencing
LawInfo has several resources for you to use in learning more about sentencing and criminal procedure. Here you can find articles explaining more about the legal terms and concepts in this article. LawInfo has also compiled data on federal sentencing from the United States Sentencing Commission. These tools should provide the information needed to further understand criminal sentencing, including the range of possible sentences for various federal crimes.
Questions About Sentencing?
Sentencing laws are complex but hugely important in a criminal case. For most criminal defendants, the question is relevant not only for what will happen if they are convicted, but may also influence their decision to enter into a plea deal.
If you have questions about a possible criminal sentence, what the prosecution is seeking, or if a plea deal is fair, you should contact an experienced criminal defense attorney in your area.
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