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What’s considered during criminal sentencing?

On Behalf of | Oct 16, 2023 | Criminal Defense

After a criminal conviction, sentencing becomes the focus. This is when the court determines what penalties will be set for the person who was convicted. While the nature of the crime itself is a primary consideration, multiple other factors can influence a judge’s decision on sentencing.

The judge is responsible for considering various elements to ensure that the sentence is fair and proportionate to the crime committed. One of the first things the judge has to consider is the sentencing guidelines for the charge the person was convicted of.

Prior criminal history

The judge will consider the defendant’s prior criminal record. A first-time offender will likely receive a more lenient sentence than someone with a history of similar offenses. A clean record may even open up the possibility for alternative penalties, such as probation or community service, instead of jail time.

Circumstances surrounding the crime

How the crime was committed can significantly affect sentencing. For instance, crimes committed with a weapon may result in a harsher sentence. The same is true for crimes involving minors or vulnerable populations. If the defendant shows remorse or cooperates with law enforcement, those actions could lead to a more lenient sentence.

Victim impact statements

The court will hear from both the prosecution and the defense. Victim impact statements, written or spoken, can be presented to the court to describe the emotional, physical and financial toll the crime has taken on the victim or their family. These statements can serve as compelling evidence that may influence the severity of the sentence.

The judge may consider other factors, depending on the case. Understanding the elements that apply to the case can help defendants and their families better prepare for this phase of the criminal justice process.