Practice Area - Sentencing Hearing and Sentencing Reduction

Sentensing is the term that describes the process where a judge determines the legal punishment for a person who has been convicted of a crime through a jury verdict, plea bargain or guilty plea.

If you think that you may be under investigation or possibly facing criminal charges you are seriously advised to retain the services of an attorney.

In the state system where there is a plea bargain the sentence is often agreed with the prosecutor but must be approved by the judge. In the federal system the agreement is simply a stipulated recommendation and the judge, within legal limits, decides the sentence.

Types of punishment may include;

• Fines
• Jail or prison sentence
• Probation
• Restitution, which is paid to the crime victim
• Rehabilitation programs

Considerations of Sentencing

In cases involving minor misdemeanors and less serious crimes, the judge usually imposes a sentence immediately after a conviction or guilty plea. In more serious and complex criminal cases, the judge may consider input from the prosecutor, criminal defense lawyer and probation department before deciding on an appropriate sentence.

The judge will generally also take into account punishments and sentencing ranges noted in state statutes and factors related to each specific case. These factors may include:

• The defendant's criminal history, or lack thereof
• The nature of the crime
• The impact on the victims
• The defendant's personal, economic and social circumstances

The summaries found on these pages are intended to give a broad picture of the types of criminal charges and are not intended as legal advice. The laws may have changed from the last update. For reliable information on state and criminal laws speak to an experienced criminal defense attorney about the facts of a specific case.

For a free initial consultation please call the Law office of Sydney Smith PA