How is a sentence determined for a criminal charge?

There are two types of sentencing that can be found in the United States today, indeterminate and determinate sentencing. Exactly which type will apply to a particular case depends on:

• The crime that was committed.
• Whether or not the crime is federal.
• If not a federal offense, what the local state laws are regarding the particular crime.

Sentencing happens after a person has been convicted of a crime after a trial or after a person has entered a guilty plea.

Indeterminate Sentencing

An indeterminate sentence is one that is handed down as a range expressed in terms of a minimum to a maximum number of years. The actual length of the sentence that will be served cannot be known at the time of sentencing because during the course of the imprisonment, after the minimum sentence has been served a parole board gets to decide the actual end date of the incarceration.

Determinate Sentencing

In lay terms, determinate sentencing is just the opposite. Mandatory minimum sentencing guidelines are imposed by law and a specific sentence is handed down. Some states use a mixture of both types of sentencing, but federal crimes are all determinate.

How Is A Sentence Determined?

• By the laws governing the jurisdiction where the crime was committed.
• Mandatory sentences may exist, which eliminate or greatly reduce judicial discretion.
• The nature of the crime.
• Statements from victims and/or their families.
• Past criminal history of the defendant.
• Remorse or lack of it shown by the defendant.
• The age of the defendant.

Get Legal Help

If you have been arrested for a crime, seek legal assistance immediately. If you cannot afford to hire a defense attorney you can petition the court to appoint one to work with you. Possible sentences are as varied as the number of possible crimes. Your attorney can work with you to mount a defense that will seek clear you of all charges, and minimize potential sentencing.