In most states the statue that makes the action a criminal offense also establishes the maximum sentence that can be given for a conviction - for example, a fine of $1,000 and up to 12 months in jail. But judges often do not give the maximum sentence based on a variety of factors and circumstances.
Pre-Sentencing ReportIf you plead guilty to a crime, whether as part of a plea deal or not, sentencing for the crime is usually done immediately. This is particularly the case when the crime is an infraction or a misdemeanor.
If the crime is a felony and the defendant is facing substantial prison time, sentencing is usually delayed until the judge in the case can hear from the prosecution, the defense and receive a pre-sentencing report from the local probation department.
Victim Impact StatementsIn a growing number of states, judges must also hear statements from the victims of the crime before sentencing. These victim impact statements can have a significant influence on the final sentence.
Possible PunishmentsThe judge has several punishment options that he can impose during sentencing. Those options can be imposed singularly or in combination with others. If you have been convicted, a judge can order you to:
- Pay a fine.
- Pay restitution to the victim.
- Go to jail or prison.
- Serve a period of time on probation.
- Do community service.
- Complete educational, counseling or treatment programs.
Discretion in SentencingMany states have passed laws that provide for mandatory sentencing for certain crimes, such as child molestation or drunken driving. If you are convicted of one of those crimes, the judge has little discretion in sentencing and must follow the guidelines provided in the law.
Otherwise, judges have wide discretion in how they form their sentences. For example, a judge can order you to pay a $500 and serve 30 days in jail, or he can just fine you with no jail time. Also, a judge can sentence you to jail time, but suspend the sentence as long as you complete the terms of your probation.
Special Probation TermsIn the case of alcohol or drug-related convictions, the judge can order you to complete a substance abuse treatment program or in the case of a drunk driving conviction, order you to attend driving school.
The judge is also free to add specific restrictions to the terms of your probation, such as staying away from the victim, submitting to a search at any time, not traveling out of state or submitting to random drug testing.
Aggravating and Mitigating FactorsSeveral factors can influence the final sentence the judge decides to hand down. These are called aggravating and mitigating circumstances. Some of them may include:
- Whether or not you are a repeat offender.
- Whether or not someone was injured during the crime.
- Your background and character.
- If you express remorse or regret.
- The nature of the crime itself.
- Impact statements from the victims.
Consecutive and Current SentencesIf you were convicted or entered a guilty plea to more than one crime, the judge can impose a separate sentence for each of those convictions. The judge has the discretion to make those sentences either consecutive or concurrent.
If the sentences are consecutive, you will serve one sentence and then begin serving the next. In other words, the sentences are added to each other. If the sentences are concurrent, that means they are all being served at the same time.
The Death PenaltyMost states have special laws regarding the imposing of sentence in a death penalty case. In some cases a judge can impose the death penalty, but in most cases it is decided by a jury. The same jury that voted to find the defendant guilty will reconvene to hear arguments for and against the death penalty.
The jury will then deliberate to determine whether to sentence the defendant to life in prison or death by execution. In some states, the jury's decision is binding on the judge, while in other states the jury's vote is merely a recommendation that the judge must consider before determining the final sentence.
Return to: Stages of a Criminal Case