Sentencing is a key phase of the criminal legal process, and demands expert representation by an experienced criminal lawyer to obtain the best possible outcome for the defendant. Whether the defendant has been convicted of or pleaded guilty to a criminal offense, it is generally up to a judge to determine the appropriate course of action in sentencing, so having the counsel of a seasoned legal team can make all the difference.
Sentencing is a key phase of the criminal legal process, and demands expert representation by an experienced criminal lawyer to obtain the best possible outcome for the defendant. Whether the defendant has been convicted of or pleaded guilty to a criminal offense, it is generally up to a judge to determine the appropriate course of action in sentencing, so having the counsel of a seasoned legal team can make all the difference.
A number of factors influence sentencing. Mandatory minimum sentences, state and federal guidelines and “three strikes” sentencing laws all can play a part in determining a criminal sentence. Additionally, a judge may take into account any number of other factors: criminal history, cruelty on behalf of the offender, actual or potential injury of victims involved, and whether the offender was the primary or accessory actor in the crime. Other considerations involve the mental state of the wrongdoer. Was the offender under great emotional stress or mental duress during the commitment of the crime? Does the offender display regret or remorse for the acts they committed or the impact they had on the victims?
Sentencing often takes place immediately following conviction in the case of guilty pleas, misdemeanors and minor infractions. Many times, sentence negotiations have already been taking place behind the scenes, with both the prosecutor and the defense attorney having shared in the discussion. In such cases, the judge will frequently issue the sentence as a final statement in the trial proceedings.
More complex criminal cases may require further input from all parties – the prosecution, the defense and even the probation department, who may provide a recommendation in the form of a Pre-Sentence Report.
When not specifically mandated by law to issue a certain sentence, a judge can exercise a great deal of discretion in determining sentencing. Sentencing alternatives may already be well established for a given type of crime, including suspended sentences, fines or restitution, community service, deferred adjudication or diversion, and probation. Multiple sentences may be ordered served consecutively or concurrently.