How is Sentencing Decided?
The following three factors generally influence sentencing: 1) The type of crime for which you’ve been convicted, 2) Sentencing Guidelines and Statutory Recommendations for the Crime, and 3) Your Criminal History. In addition, sentencing is usually broken into four categories: 1) Fines, 2) Community Service, 3) Probation, and 4) Jail or Prison It is important to note that many states have minimum sentences for certain crimes, which means the judge has no discretion in deviating from the minimum sentence, even if you have good facts or circumstances in your case that would merit a deviation. Judges tend to levy the harshest penalties on those who are repeat offenders or those who commit violent offenses. If you have prior convictions in your record, you need an attorney who can work with the prosecutor in order to secure a lesser penalty and provide the judge with evidence that overshadows your previous convictions.
