How does a judge determine the sentence for a criminal conviction?

 After a criminal defendant has had a trial and has been found guilty of a crime, a judge will impose the criminal sentence upon the defendant.  The judge may be free to impose the sentence, or the judge may be limited by the law or other constraints.

Types of Limitations on Criminal Conviction Sentencing

When a judge sentences a criminal convict, the judge may be limited as to the sentence imposed.  Some of these limitations are due to the following:

• federal sentencing guidelines which are mandated and must be imposed regardless of the judge's desires
• state laws requiring minimum and/or maximium sentences for the criminal conviction
• a legislative formula set by Congress which must be adhered to by the judge in the case

Discretionary Criminal Conviction Sentencing

In other cases, the judge may have discretion when setting a criminal sentence for a defendant.  In evaluating the matter, the judge is free to consider any or all of the following factors (note that this is not an exhaustive list):

• the personal history of the criminal defendant
• extenuating circumstances
• medical background, including psychological history of the defendant
• whether the defendant is a repeat offender
• victim impact statements

Getting Legal Help

If one has been charged with a crime, one should strongly consider retaining the services of an experienced criminal defense attorney as soon as possible in the case.  An experienced criminal defense attorney can not only help in the outset of the matter in order to ensure that one's procedural rights are preserved, but also the attorney can help one during the pendency of the case.  Moreover, the attorney may be able to minimize the extent of the conviction and possibly reduce the charge.