One of the primary thoughts a person has when they learn that they’re facing criminal charges is what sentence they’ll face. This can vary greatly, depending on the charges. Some people may be placed on probation, but others may be incarcerated. In some cases, a sentencing recommendation or agreement comes in the form of a plea deal.
Courts have to consider several factors when they’re determining what sentence is appropriate after a conviction. These three factors are present in almost all criminal sentencing processes.
Previous criminal history
A person with a prior criminal history, particularly one that pertains to the current charge, may receive a stricter sentence than someone without a criminal history. In some cases, such as drunk driving, sentence enhancements for subsequent convictions are set by law.
Specifics of the crime
The specifics of the crime can play a primary role in the sentence a person faces. A victim’s status, such as if they’re a public servant, elderly, a minor or disabled, often influence a harsher sentence.
Presence of sentencing requirements
Some criminal charges have mandatory minimum sentencing requirements. The court must invoke at least that sentence if a person is convicted of that charge. Other charges may have sentence ranges or recommendations that the court can consider based on the facts that are present.
It’s sometimes possible to mitigate the sentencing through a defense strategy. Working with someone who can assist with mitigation strategies may be beneficial for these individuals. It’s best to get this started as early in the case as possible because some options might be time-sensitive.