Criminal cases often end with “not guilty” verdicts that set the defendant free. However, a criminal case is far from over if the defendant is found guilty. Every defendant who is convicted of committing a crime must attend a sentencing hearing. Here’s what to expect:
The Purpose of A Sentencing Hearing
During a criminal trial, it is the jury’s responsibility to determine if the defendant is guilty or not guilty. If the jury reaches a guilty verdict, this means the defendant will be punished for his crime, but it does not specify how the defendant should be punished. The defendant’s punishment—or sentence—is determined during a sentencing hearing that takes place after the defendant is found guilty.
Parties Involved in the Sentencing Hearing
Both the prosecution and the defense will be at the sentencing hearing, along with the judge and in some cases, the victims of the crime. It is the judge presiding over the case—not a jury—that is in charge of sentencing the defendant. But, there is one exception to this rule. The jury is involved in the sentencing process when the defendant faces the death penalty.
How Judges Determine Appropriate Sentences
The judge will listen to arguments from both the prosecution and defense before deciding how to sentence the defendant. The defense’s goal is to get the lightest possible sentence for the defendant. To do this, the criminal defense attorney could argue that the defendant would benefit from alternative sentencing such as treatment programs or probation. The defense can also tell the judge that the defendant regrets committing the crime. Attorneys argue that their clients should not be punished severely because they have learned from their mistakes and are no longer a threat to the community.
The points made in these arguments are not the only factors that the judge will consider when determining an appropriate sentence. The judge will also consider the nature of the defendant’s crime, the sentencing guidelines established by the law, and the defendant’s prior criminal record. Once a decision has been reached, it will be announced to all parties involved in the hearing.
If you have been charged with a crime, contact Reisch Law Firm at once. Our criminal defense attorneys represent the accused from the moment charges are filed until the case is resolved. Let us fight for the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
