What Are Some Common Legal Issues Associated With Sentencing?
Each state in the U.S. has its own system of criminal law and law enforcement. Then, the federal government has yet another system of criminal law and law enforcement. So, how a criminal defendant is sentenced after they have been found guilty depends on the law that applies. States have very different schemes for sentencing a defendant who has been found guilty. Some have elaborate criminal sentencing guidelines.
The federal government has its Federal Sentencing Guidelines. These are rules that the U.S. federal court system has established with the goal of uniformity in sentencing policy for defendants in the federal court system.
The guidelines set out a number of factors that a judge should consider in determining a sentence for any given defendant. The factors relate to the guilt of the defendant and also reflect the harm the defendant caused to others. They also account for the seriousness of the crime and the defendant’s criminal record.
The guidelines are not mandatory but, rather, advisory only. A court must consider the guidelines but does not have to impose only the sentence suggested by the guidelines. If a judge does decide not to follow the guidelines, they must explain the factors that have led them to deviate from the sentence that the guidelines recommend. If the judge follows the guidelines to the letter, a court of appeal may presume that the sentence is a reasonable one.
The State of Colorado also has criminal sentencing guidelines for felony offenses, as do many other states. Every felony falls into one of six classes of felonies. The guidelines specify the punishment for each class. For example, the possible sentence for a Class 2 felony is a term of imprisonment of eight to 24 years in Colorado State Prison, payment of a fine of $5,000 to $1,000,000, or both.
If the Class 2 felony is a crime of violence, the defendant must be sentenced to at least five years of mandatory parole when they have completed their prison sentence. If the crime is not a crime of violence, the defendant must be sentenced to at least three years of mandatory parole.
The guidelines specify mandatory minimum terms of imprisonment, but, in practice, some defendants are able to avoid serving time in prison through felony probation or other alternatives such as home confinement. As is the case at every sentencing hearing in every criminal case, the defendant has the right to tell the judge about mitigating circumstances that might convince the judge to pronounce a lighter sentence.
Each state has its own scheme. Some states classify crimes in categories with letter labels, e.g., Class A, B, C, and so on. Some sentencing guidelines can be quite complex, e.g., the guidelines in North Carolina.
Clearly, a criminal defendant is interested in obtaining a reduced sentence, and the prosecution wants a sentence that it believes fits the circumstances of the case. In many states, for a first conviction, a defendant may have alternatives that allow them to avoid jail or prison, even if that is the legally prescribed sentence.
One big issue in sentencing is whether the defendant has prior convictions for other criminal offenses. Almost always, if a defendant has prior convictions, the defendant can be sentenced to a more severe punishment and may not qualify for programs that divert them from serving a term of imprisonment.
What Are Some Common Criminal Defenses?
There are defenses available to criminal defendants. If a defendant claims a defense, they must prove it in court at their trial. If they are successful, then a jury would not convict the defendant, and the defendant would be found innocent and not subject to any punishment.
Some defenses that are available are as follows:
- The Alibi Defense: With the alibi defense, the defendant claims that they were somewhere else doing something else at the time of the crime, so they could not have done it.
- In effect, they claim that they have been misidentified as the perpetrator.
- Insanity of the Defendant: The defendant may avoid responsibility for a crime if they can persuade a jury that they were mentally ill at the time.
- States may have different definitions of what “insanity” is for the purpose of a defense to a charge of a crime.
- Self-defense or Defense of Another: A person is entitled to use reasonable force to defend themselves against an attack from another person or to defend another.
- It can be a defense to a crime such as assault, battery, or even murder to claim that a person acted in defense of themselves or another person.
- Entrapment: A defendant who claims entrapment must prove that a law enforcement officer induced them to commit a crime that the person would never have done except for the persuasion and fraud of the officer.
- Duress: A defendant may claim the defense of duress if they committed a crime only because they were under threat of the use of force or violence.
- The defendant has to show that any reasonable person in their position would have committed the crime as the defendant did.
Are There Any Recent Updates to the Federal Sentencing Guidelines?
There have been updates and amendments to the federal sentencing guidelines in late 2025. One of the major changes is an amendment simplifying the sentencing process from a three-step approach to a two-step approach that eliminates the requirement that judges consider departures.
With these new amendments, courts have more power to tailor sentences to the unique circumstances of each individual case, especially related to violations and supervised release. Amendments to the federal sentencing guidelines also clarify culpability for drug trafficking and address fentanyl-related offenses.
Enhancements were added for firearms offenses involving machine gun conversion devices. Lawyers can provide more information and advice on these updates and additional details about how they may affect an individual’s case and sentence.
It is important to note that there are also additional proposed future amendments related to post-offense rehabilitation, methamphetamine issues, and simplifying multiple-count rules. These laws, as well as other criminal laws, may be updated at any time, especially with changes in presidential administrations, so it is essential to seek advice from a local criminal attorney.
Are There Immigration Consequences for Criminal Activity and Sentences?
Absolutely, immigration consequences can follow criminal activity and sentences. The consequences can be serious and may include deportation.
Deportation is a civil legal consequence that is triggered by a criminal conviction. Immigration proceedings are considered to be civil and not criminal.
This means there are differences in the way the procedures are handled, including having a lower standard of proof, clear and convincing evidence, and not requiring Miranda warnings. Deportation is commonly triggered by a criminal conviction but is considered a separate and distinct punishment.
In addition to deportation, illegal entry after deportation is another, separate federal offense. If someone illegally reenters the United States after being deported, they can face both prison time and criminal fines.
Not every criminal conviction results in automatic deportation, but there are certain offenses that usually will trigger deportation proceedings. Immigration laws list aggravated felonies that usually result in automatic deportation, including:
- Murder
- A theft crime that carries a significant sentence
- Rape
- Child pornography
- Drug trafficking
- Fraud that involves a large amount of money
If a noncitizen is convicted of an aggravated felony, they may be permanently banned from reentry to the United States after deportation. They may also be banned from reentry permanently even if they are a lawful permanent resident.
Crimes of mortal turpitude also commonly cause deportation. These types of offenses involve dishonesty, fraud, or are considered inherently immoral and include:
- Domestic violence
- Fraud
- Theft
- Assault with the intent to commit a serious criminal offense
When a noncitizen is convicted of one of these offenses, they can be subject to deportation or be deemed inadmissible to the U.S. It is important to note, however, the individual may be able to seek relief if mitigating factors are present or if the conviction is old.
Drug offenses also commonly result in deportation, as immigration laws are very strict on drug offenses. Drug manufacturing, drug trafficking, and drug possession may all be grounds for deportation.
There are certain drug offenses, including those involving large quantities of a drug or the distribution of the drug that may result in automatic deportation. If, however, an individual is convicted of a lesser drug offense, their immigration status may not be as severely affected.
No matter what criminal charges an individual is facing or what criminal convictions an individual has, they should consult a criminal lawyer who also has experience with immigration laws. An attorney will be able to explain how a criminal conviction can affect their client’s immigration status, whether they may be able to avoid deportation by pleading to a lesser offense, and how to protect their rights throughout the process.
Do I Need a Lawyer for Issues With Criminal Sentences?
If you are facing criminal charges, you want to consult with a criminal defense lawyer. LegalMatch.com can connect you with a lawyer who can review the facts of your case and tell you if any defenses are available to you.
Working with an attorney can help you review the possible outcomes of your situation. Criminal lawyers are skilled at helping defendants get the best possible sentence.
It will only take you around 15 minutes to fill out the online submission forms and start the process of finding a licensed and prescreened criminal lawyer in your area. During the submission process, you can choose any preferences you may have for your attorney, including language and religious preferences.
After you have submitted your criminal sentencing question or issue on the LegalMatch website, in about a business day, you will receive responses from criminal attorneys near you. Each attorney response will contain information about their education, background, fee arrangements, and reviews from other clients. Get started today using the free attorney-client matching services provided by LegalMatch.
