If the jury finds you guilty or if you plead so, the next step in the criminal trial process is sentencing. The judge will give a sentence according to the Federal Sentencing Guidelines. However, other factors also come into play, as you will find out in today’s blog.
Possible Criminal Sentences
Depending on the severity of your crime and the factors surrounding it, you may be sentenced to any or a combination of the following punishments:
- Jail Time
- Community Service
- Probation
- Fines
- Restitution
- Death Penalty
So, what determines your sentence?
The Sentencing Guidelines
“The Sentencing Guidelines are a compilation of legal provisions that provide mandatory minimum and maximum sentences for every crime,” says criminal defense attorney Mark Sherman. The essence is to ensure similar consequences for specific offenses.
However, a judge is at liberty to deviate from the sentencing guidelines. If this happens, you have a right to be informed of the rationale behind their decision. Here are several reasons why a judge may deviate from the guidelines in your case:
Nature and Severity of Crime
The nature of the crime determines the severity of punishment. The victims’ conditions and the number of victims are equally important. If you do not show remorse for your actions, the judge may also be inclined to deviate from the sentencing guidelines.
Your Role in the Offense
The role you played in the crime is also a fundamental consideration. For example, if you were a primary participant and a repeat offender, you may face severe consequences as opposed to a first-time offender. An attorney can guide you in presenting mitigating factors. This goes a long way in reducing your sentence.
Judge’s Independent Perspective
The judge has a different opinion on the purpose of punishment in each case. This varies on a case-by-case basis and is equally influenced by the factors above. But sometimes, judges may want to develop laws by seeking to impart lessons. In such a case, the judge will hand you a harsher sentence.
To form such opinions, judges often consider the nature of the crime, the criminal record of the defendant, and the report of the probation officer.
You Have a Right to Be Heard During Sentencing
Despite the nature of your crime, you are protected by the right to allocution. The right to allocution states that you must present mitigating factors to be considered in the sentencing decision.
You may present new evidence or testimony in your favor during this time. It will help your case if you show genuine remorse for your crime, cooperate with the police if you had a peripheral role in the crime, and if people did not suffer harm. Family members can also testify why you should not be committed to serving jail time.
Aggravating Factors
It’s important to understand that even with mitigating factors, the severity of your crime can significantly impact your sentence. If you murdered a person, a child, a senior citizen, or a law enforcement officer, and multiple victims were involved, these crimes attract the maximum sentences.
So, How Can You Reduce Your Sentence
First, understand the nature of the crime you committed. It would be best if you are remorseful too and, with conviction, relay the same to the Judge. It is your right to adduce further evidence if need be to communicate your mitigating factors better.
Other rights you have that may be useful to know in this instance include:
- Right to be represented by Counsel during the sentencing hearing. A criminal defense lawyer may guide you on the evidence to present, what evidence to counter, as well as assist you in reviewing the Pre-Sentencing Investigation Report. You can challenge this report if you dispute anything contained therein.
- Right to be informed of the due process.
- Right to a fair sentence hearing before an impartial judge and following due process.
Second, take action toward addressing the underlying cause of your crime. If it is anger issues, enrolling in anger management classes will work best to help your case. In DUI cases, attending substance abuse treatment programs is another way you can show remorse and reduce your sentence.
Conclusion
So many factors affect criminal sentencing and punishment. While some, like the sentencing guidelines, are rigid and predictable, others, like the judge’s perspective, are often unpredictable. To mitigate the severity of your sentence, you should consult a criminal defense lawyer. These professionals have the experience and skills to prepare your defense; hence, you stand a greater chance of reducing your sentence with an attorney by your side.
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