How are criminal sentences determined?

Criminal sentences are determined, for the most part, on a case by case basis in light of the applicable statutory laws influencing the possible sentences in the given case. In essence, each jurisdiction defines the sentencing penalties for a given criminal charge, but in practice, these statutes only outline recommended guidelines, save for specific instances where the statutory language mandates a mandatory minimum sentence. If no mandatory minimum sentence is mandated by law, the judge is allowed to use his or her own discretion when determining a criminal sentence.

In certain contexts, a defendant may be able to negotiate the terms of his or her criminal sentence prior to going to trial, through a plea bargain. Although these plea bargains, which are made with prosecutors and subject to the approval of a judge, are not definitive until a judge administers a ruling or sentence in the case. Additionally, sentences may be determined through a revolving plea bargain agreement, which is some form of standard plea bargain agreement used as an open-ended offer to defendants in common criminal offenses, typically those non-violent in nature, such as minor drug possession, public intoxication, and other similar type charges. 

If you are facing criminal charges, you should be aware that your case likely presents ample room for negotiating or influencing the sentencing of your case. Having legal counsel advise and represent you during this process will facilitate favorable outcomes in criminal cases.