A judge must consider many factors in deciding the sentence for your offence. There is no single correct sentence for a particular crime because each offence and offender will have particular characteristics that will influence the severity or duration of the sentence. These include:
- The nature of the crime, including whether or not is was a misdemeanor or felony. Other factors related to the underlying charge and potential penalties may include whether the act was premeditated or an act of passion, whether the offender was an accessory to a main offender, and whether injuries or death were caused as a result of their actions.
- Whether a defendant is being charged with a federal crime. Some federal crimes impose mandatory minimum sentences, and judges may also refer to sentencing guidelines when determining how long a convicted individual should spend in federal prison.
- The defendant’s criminal history, including previous convictions for the same or similar charges.
- Whether a defendant is on probation or parole. Violating terms of parole or probation can result in elevated penalties.
- Whether the crime involves acts of violence or crimes committed against vulnerable individuals, such as children, the disabled, or elderly.
How to avoid prison?
There are ways that you may be able to avoid jail or prison time, despite the fact that the sentencing guidelines may mandate prison in your case or the state may be seeking jail time.
A criminal defence lawyer can help you to avoid prison by making you aware of the alternatives and how you might be able to take advantage of them. In many cases, the court will be aware of the alternatives, but if you hire a experienced criminal defence attorney and do some research you can help make this happen.
