One of the primary thoughts a person has when they’re facing criminal charges is what sentence they’ll face if they’re convicted. In most cases, these defendants can find out a range of sentences that they receive, but it’s usually impossible to give a specific sentence.
When a person is convicted of a crime, the court has to consider several factors when trying to set a sentence. Understanding what may impact the sentence is often beneficial for defendants.
Nature of the crime
The nature of the crime is one of the primary determinants of sentencing. Offenses that are more severe, such as those involving violence, will result in harsher penalties. The crime can also trigger specific guidelines for sentencing. Some charges have mandatory minimum sentences that remove the ability of a judge to issue a sentence that’s below that minimum.
Criminal history
Repeat offenders often face stricter penalties compared to first-time offenders. Many jurisdictions have sentencing enhancements for habitual offenders, so penalties increase with each subsequent conviction.
Impact on the victim
Courts consider how a crime affects victims and the broader community. If a crime causes significant harm, it may result in a more severe sentence. Victim impact statements can provide additional insight into the consequences of the crime.
Defendants may be able to consider these points as they work on their defense strategy. In some cases, mitigating the sentence is an important part of the defense. It may be best for the defendant to work with someone who can assist with developing a suitable defense.