What Is the Severity of Sentences?
The American Bar Association states, “The legislature should ensure that maximum authorized levels of severity of sentences and presumptive sentences are consistent with rational, civilized, and humane values.” Regarding sentencing, there should be a balance between the gravity of the offenses and the societal purpose of achieving them.
The sentence should be just and overwhelmingly exceed the societal standard it is meant to achieve. The severity of the punishment should be determined by weighing these matters.
Furthermore, typically felony sentences are held in Superior Court. A sentence can be a combination of probation, home confinement, halfway house, prison, and other special conditions. Depending on which state you reside in and what the laws stipulate, generally, the sentencing hearings take place 60 days after the conviction.
But, some sentencing can be held immediately. Victims of certain crimes may speak at the sentencing hearing, and the hearing is open to the public. Consult with your lawyer to know your sentencing rights and obtain more information.
What Are Appeals?
Every defendant has a right to appeal their conviction regarding aspects of their case. Usually, appeals make claims addressing the violation of due process. This implies that there was failure made during the arrest, investigation, or trial. Once the court receives the appeal, there are several matters that they could consider.
Most of the appeal work is accomplished then written legal briefs without hearings in court. Remember that if the defendant has accepted a plea agreement and did not go to trial, they have no right to an appeal.
Moreover, the defendant may also file a motion for sentencing reduction, which must be filed promptly according to the local state regulations. The courts can grant a motion for sentence reduction as needed, case by case. You can request to be notified of any sentence alterations.
Some states have a program in place referred to as the Truth in Sentencing. It is a guideline for exceptional rehabilitation. After reviewing the case, the Department of Correction can petition the court to change an offender’s sentence. Each state will have more information on this program or others similar to it. But, victims do not have the right to appeal through the court process if they are dissatisfied with the decision of the prosecutor, jury, or judge.
What Are The Four Basic Types of Sentences?
There are most basic types of sentences available for offenders in each scenario:
- Incarceration;
- Probation, supervised or administrative;
- Fines and;
- Combination of the above.
The common one is referred to as incarceration or jail sentences. All crimes have a designated amount of jail time attached to them. Once the case is tried and convicted, the judge can sentence a defendant to a determinate or fixed sentence.
The sentence can be determined depending on the seriousness of the crime and where it falls in the class category. Each state varies on this. If a defendant has multiple charges or cases, a judge will specify if the terms are to be served at the same time together or back to back.
Moreover, judges take into account any positive behavior while in prison. They may potentially decrease a sentence depending on the case. There are certain crimes that once you complete a certain amount of time, you will automatically be eligible for parole. You may not have to serve the entire term as long as you remain dutiful to your sentence.
You can research the local laws regarding serving your time and when parole will be applicable. Generally, a person sentenced to prison immediately receives “good time” up front. But remember that not all sentences have this, especially if that sentence carries a mandatory sentence for its penalty.
For example, a first-degree sexual assault of a child charge carries a 15-year mandatory minimum. So if the judge sentences someone to 20-30 years, the person will have to serve 15 years before earning any good time before being eligible for parole. Remember that a defendant must receive credit for any time spent in custody for the sentenced offense.
All offenders that committed crimes of a sentence of one year or less serve their time in county jails. However, anything more than that must be served at a prison. The courts will determine where a judge must serve their sentence, either in jail or prison.
The primary purpose of these penalties is to ensure the individual does not commit the crimes again. For this, a probation officer supervises a person to ensure they do not re-offend. Additionally, the court may assign certain conditions to prevent the crime from occurring again from that same offender. The judge wants to ensure that the individual will choose to become a law-abiding citizen.
The Intensive Supervised Probation (ISP) is highly restrictive and only be utilized when the penalty is six months in jail or more. It is considered an alternative to a prison term. Furthermore, the Specialized Substance Abuse Supervision (SSAS) program also has extremely restrictive probation for inmates dealing with substance abuse issues. For these scenarios, probation may last up to two years on misdemeanors or up to five years on a felony.
As stated before, this is determined through case-by-case and what state you reside in. However, if an offender violates probation, a judge can revoke or re-sentence the person. Furthermore, the judge can take away their right to have probation.
It is crucial to remember that when a court imposes a valid sentence, it cannot be modified, amended, or revised by the trial court. There is a period between when the sentence goes into effect and when it is announced.
Are There Any Updates to the Federal Sentencing Guidelines?
Yes, in late 2025, updates and amendments were made to the United States federal sentencing guidelines. One of the most significant updates is changing the process of sentencing from a three-step approach to a two-step approach, eliminating the requirement that a judge consider departures, or sentences that are outside the guideline-recommended ranges when extraordinary circumstances exist.
Amendments to the sentencing guidelines also give additional clarification regarding culpability for drug-trafficking offenses. They also address offenses involving fentanyl.
These amendments include revisions of sentences for firearms offenses involving machine gun conversion devices. A criminal lawyer can provide more detailed information about these updates in addition to specific information about how they may affect a defendant’s case or sentence.
In addition to the amendments that have been implemented, there are also amendments that have been proposed that may be implemented in the future. These include amendments regarding methamphetamine, multiple-count rules, and post-offense rehabilitation.
It is important to be aware that U.S. federal sentencing guidelines and other criminal laws can be updated at any time, especially when there are changes in presidential administrations. This makes it very important to have guidance and advice from a local criminal lawyer.
Can There Be Immigration Consequences for a Criminal Sentence?
Yes, significant immigration consequences may result when someone is sentenced for a criminal conviction. These immigration consequences may be severe and may even include deportation.
When someone is convicted of a criminal offense, they can face deportation, which is considered to be a civil legal consequence. Although deportation is often triggered when a defendant is convicted of a criminal offense, it is considered to be a separate and distinct punishment.
Due to the differences in classifications of civil and criminal, there may be differences in how immigration and criminal cases are handled. For example, Miranda warnings are typically not necessary when an immigration detention happens and an immigration case has a lower standard of proof, clear and convincing evidence.
If a defendant illegally reenters the United States after they are deported, it will be considered a separate and additional federal crime. When someone reenters the U.S. illegally after they are deported, they can face criminal fines as well as prison time.
Not every criminal conviction or sentence results in deportation. However, there are certain criminal offenses that often trigger deportation.
Pursuant to immigration laws, an aggravated felony will usually trigger automatic deportation. These include major offenses such as murder, rape, child pornography, and others.
If a noncitizen is convicted of an aggravated felony, they can also face a permanent ban on reentering the United States after they have been deported. Even someone who has lawful permanent resident status may face this punishment if they are convicted of an aggravated felony.
If a noncitizen is convicted of a crime of moral turpitude, they will also likely face deportation. These types of offenses are those that involve dishonesty and fraud and are considered inherently immoral. Crimes of moral turpitude can include fraud, theft, domestic violence, and more.
When a noncitizen is convicted of this type of crime, they may face deportation or be deemed inadmissible. With these offenses, unlike aggravated felonies, however, a noncitizen may be able to get relief if mitigating factors are present or if their conviction is older.
Drug offenses often lead to deportation because U.S. immigration laws are strict on drug offenses. Drug trafficking, manufacturing, and possession convictions may all be grounds for deportation.
There are certain drug offense convictions, including those involving large quantities of drugs or distribution that can result in automatic deportation. A defendant’s immigration status may not be as severely affected when a defendant is convicted of a lesser drug offense.
It does not matter what type or level of criminal charge that an individual is facing or what type of criminal conviction they already have, it is very important to seek advice from a criminal defense lawyer who has experience handling immigration cases. A lawyer with experience in both categories of law will understand how criminal convictions can impact a defendant’s immigration status, whether a plea deal to a lesser charge can help avoid deportation, and if mitigating circumstances exist that can help their case.
When Do I Need to Contact a Lawyer?
Criminal sentencing varies in your jurisdiction and the type of crime you committed. There are different types of criminal sentencing, and, if you have any questions regarding your case, contact a local criminal defense lawyer for further assistance. Your attorney can provide you with legal representation for your case.
The free attorney-matching services that are provided by LegalMatch can help you locate a criminal defense attorney in your area who can help you with any criminal sentencing questions, concerns, or issues you have. Using LegalMatch, you will be matched with prescreened and licensed criminal defense attorneys who can help you, whether you only have questions about the criminal sentencing process or whether you need legal representation in court.
Each attorney response you receive from LegalMatch lawyers will have information about their background, education, fees, and former client reviews. Because a criminal conviction and sentence can have an impact on nearly every aspect of your life, it is essential to have representation, and LegalMatch can help you start your search today.
