Criminal sentencing factors, along with your defense and the prosecution’s case, determine the outcome of your trial. If convicted, the next phase that you go through is sentencing, where the judge determines what your punishment is. What factors play into sentencing? Things like prior convictions, the severity of the offense, and mitigating circumstances all affect the judge’s decision. As a defendant in a criminal case, you want to exert influence over these factors to minimize the punishment.
What You Need to Know About Sentencing
You and your legal team can influence sentencing in several ways throughout the trial. Because of this, it is important to work with a legal team that knows what they are doing. At Phillips Carson Phillips, we have decades of experience leading criminal defenses and influencing sentencing. Learn what you need to know about what factors play in sentencing from the legal team at Phillips Carson Phillips in this video:
Transcript:
“There are a lot of things you’re supposed to consider. You’re supposed to consider whether or not the defendant can be rehabilitated. You also have to consider the nature of the crime. Was it a hate crime? Was it premeditated? Was it one that shows a total disregard of the rules of humanity? In that case, the sentence is going to be much more severe. Does the defendant show remorse? Has the defendant led a reasonable clean life up until this point? Does he have a very significant criminal history? Is the defendant likely to reoffend? Those are the things that a judge has to consider. The purpose of sentencing is, Number 1, to punish the person for the offense, Number 2, to remove the danger to society if that is an issue, and Number 3, to see whether or not this person can be redeemed. Sometimes people commit crimes and there’s no social redemption.
You might consider the Charles Manson case in being someone who the judge and the courts have found him – he’s deceased now, but found him to be not redeemable, that his evil would be a continuous threat to the society. On the other hand, if you take someone like, let’s say like Martha Stewart, who was doing inside trading. I mean, she had lived a perfectly good life up until that point. She’s not a danger to society. That was taken into consideration. She got a much lower sentence. She’s back out and she’s doing very well. You can’t undo what’s been done. You have to try to make the best of what has been a bad situation to get a total net result that would be beneficial, not only to the defendant but to the victim’s family, and if the victim is survived, the victim him or herself.”
Choose Your Criminal Defense Team Wisely
Who you choose to defend you makes a big difference in the outcome of your case. Phillips Carson Phillips is a leading criminal defense firm that can help you get the best possible outcome. Contact Phillips Carson Phillips at (912) 232-0081 to schedule a consultation.