Factors Influencing Criminal Sentencing and Penalties

A judge decides the punishment of every convict. Depending on your charges, your criminal sentence could entail fines, prison time, and other penalties. 

Judges or juries consider various factors to determine appropriate punishment. These factors will positively or negatively affect your punishment. 

State laws differ on criminal sentencing and penalties. A local criminal defense attorney can enlighten you on the probable criminal punishments in your case. Speaking with them for guidance before accepting a plea bargain is advisable. 

This article explains what transpires during a criminal sentencing and factors that judges consider:

What Transpires During Sentencing?

Sentencing is when a judge decides the appropriate penalty for a convict. Sentencing comes when a defendant pleads guilty or is found guilty by a jury A jury can acquit or find you guilty, but a judge can sentence you.

Criminal penalties include prison time, probation, community service, fines and sanctions, substance abuse treatment, restitution to the victim or their family, jail time, and the death penalty. 

During sentencing, the judge hears testimony from the defendant and other concerned parties. You can provide additional evidence at this stage to reduce your penalties. For instance, your relative may provide reasons the court should not jail you. 

Conversely, the prosecutor may provide proof to increase the punishment. If the jury or judge has already found you guilty, engaging a criminal defense lawyer is essential to help you advocate your cause for reduced sentencing. 

Judgment After a Plea Deal

Sentencing may differ after a plea agreement because you have negotiated the sentencing with the prosecutor as part of the deal. For instance, your legal representative can agree with the prosecutor that you will plead guilty to a lesser charge to forgo imprisonment. 

However, the judge must still accept the deal if you and the prosecutor agree to a plea agreement.

Understanding Sentencing Guidelines

Judges adhere to sentencing instructions under federal sentencing laws and in numerous jurisdictions. The U.S. Sentencing Commission oversees federal criminal sentencing guidelines and sets thresholds for mandatory maximum and minimum sentences, depending on the minimum crime level.

The peculiarities of your case can increase or decrease your sentence. A judge must convincingly explain why they go outside the government guidelines. 

Factors That Judges Consider During Sentencing

The court will examine several indexes before judgment. The federal sentencing guidelines require a judge to weigh conduct thoroughly before sentencing. These conducts include the actual criminal behavior, the injury or losses from the crime, and the joint criminal venture.

You will suffer greater punishments if these aggravating factors are present in your case. However, mitigating factors like being a first-time offender can reduce your punishment.

Furthermore, a judge can consider other factors, such as a specific deterrence motive, crime prevention, the probability of committing more crimes in the future, and the need to protect public safety to decide sentencing. 

Let us shed light on mitigating and aggravating factors:

Mitigating Factors in Criminal Sentencing

Mitigating factors that can reduce your criminal sentence include being a first-time offender, being submissive to law enforcement agents, taking responsibility and being remorseful, having no history of drug or substance addiction, lack of harm, and insignificant role in the crime.

Aggravating Factors in Criminal Sentencing

Aggravating factors that can increase your criminal sentence include lack of repentance for the crime, history of the offense, injuring multiple people through the criminal venture, and death. Your punishment may also increase if you commit a crime against the elderly, police, or children. 

Alternatives to Jail in Criminal Sentencing

You cannot evade a prison sentence if you commit severe violent or gun crimes. However, there are alternatives to misdemeanor crimes. Probable alternatives to jail time include house arrest, probation, counseling, and rehabilitation. 

“You may obtain deferred sentencing if you are a first-time offender. A deferred judgment entails entering a plea bargain to plead guilty and adhere to the court’s terms. It is similar to probation,” says criminal defense attorney Craig Greening of The Greening Law Group.

If you agree to this, you may have to stay trouble-free, submit to a toxic substance test, and check in with the court. The judge will dismiss the charges after you fulfill the requirements. 

Reducing Your Criminal Sentence

The U.S. justice system has numerous defined ways of dealing with criminals. Examples include public safety, general deterrence, and incapacitation. Unfortunately, some criminals face harsh penalties for minor crimes. 

Your criminal defense lawyer can advocate a reduction to your criminal sentence. However, your attorney must prove your genuine remorsefulness and show that you understand the severity of the offense. 

Your lawyer can also tell the court that you are actively addressing underlying issues, such as undergoing anger management courses or drug addiction rehabilitation. A local criminal defense attorney knows the best strategies for a positive outcome in your case.