Process of Sentencing

Rispoli & Borneo P.C.

Life tends to happen very fast and if you are not careful, trouble may find you. Sometimes, we find trouble intentionally. Regardless of if you committed a crime deliberately or by accident, or not at all, if you happen to be convicted of a crime or plead guilty to any charges, a judge will sentence you. There are several ways your sentencing may go. In some cases, the worse may be community service, and in others, there is jail time and even worse, the death penalty. However, there are a few factors that a judge uses to deliberate how your sentencing would go, shall you be found guilty.

It is not too long after a conviction is made, or you decide to plead guilty. Depending on the extent of the case, the judge will use all facts and arguments brought forth by the accuser, the defendant and state laws that express the worst that can happen. Below is a list of more specific elements a judge uses to make their final decision:

  • Any previous offenses (repeat offenses especially)
  • What led to the commission of the crime in question
  • If the crime put anyone else in harm’s way
  • If the person in question showed any remorse

There are several options a judge can choose from, such as:

  • Jail time
  • Prison time
  • Fines
  • Community service
  • Probation
  • Suspended licenses, etc.

Some sentences can be combined. You may receive a shorter jail sentence in exchange for probation for the duration of your original sentence. Judges do have free-range in most cases, however some charges require mandatory sentences, this would mean judges are required to impose these sentences on you for that time.

Laws vary from state to state when regarding sentencing, so if you or someone you know has been convicted or has plead guilty to any criminal charges it is best to speak with a knowledgeable attorney in your area that will be able to review the details of your case and weigh out your sentencing options in the event of a plea deal or an appeal. The earlier you speak with an attorney, like one from The Lynch Law Group, the better, because a skilled attorney may even be able to have your sentence reduced before you are convicted at all.