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Many factors are considered during criminal sentencing

On Behalf of | Sep 27, 2018 | Criminal Defense |

Once a person goes through a criminal justice trial, they will learn the outcome of the case. If this is guilty, the person will move on to the sentencing phase. This isn’t always easy to gauge. There are many factors that come into the picture when it is time to hand down the penalties after a conviction.

A person’s criminal history is a primary consideration when they are being sentenced. This can help the judge to determine whether the current charge needs to be handled under subsequent conviction laws. In some cases, the penalties for convictions after a primary one are much harsher.

Many sentences come from guidelines that are set by the state. These give the judge an idea of what sentences are considered normal; however, a judge will usually have a wide berth to decide what they are going to do in a particular case.

Another point that comes into consideration is how much remorse or regret the defendant shows about the criminal act. Typically, judges will be more lenient on people who are remorseful than they are for those who are being smug about everything.

In some cases, a judge will be able to use alternative sentences for a case. When this happens, the person might be able to avoid having to go to jail. Some examples of this are probation, drug court and community service.

The facts of the case, including any injuries or possible injuries, might come up during sentencing. This is one of the reasons why it is imperative to think about a possible conviction while you are working on your defense strategy.