{"id":352271,"date":"2023-09-13T12:26:25","date_gmt":"2023-09-13T17:26:25","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/factors-considered-in-determining-sentences.html"},"modified":"2023-09-13T12:26:25","modified_gmt":"2023-09-13T17:26:25","slug":"factors-considered-in-determining-sentences","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/factors-considered-in-determining-sentences.html","title":{"rendered":"Factors Considered in Determining Sentences"},"content":{"rendered":"\n
\n \n
\n

Factors Considered in Determining Sentences<\/h1>\n
\n
\n By Linda Sanabria, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

Criminal sentences depend on the exact factors of a case. They also follow sentencing guidelines. <\/p>\n\n <\/div>\n\n

Someone who committed a crime for the first time may not receive the same sentence as someone with a prior criminal record. Someone charged with a DUI may or may not receive the same punishment as someone charged with domestic violence.<\/p>\r\n

Many different factors affect sentences. Each case has unique details to consider. Talk to a criminal defense lawyer<\/a> about the penalties you might face for a criminal charge. They can help you take steps to try to reduce or avoid penalties. <\/p>\r\n

A Defendant’s Rights in the Criminal Process<\/h2>\r\n

A court must always respect the constitutional rights of the suspect or defendant. Under the Eighth Amendment to the U.S. Constitution, "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments<\/a> inflicted." The Fourteenth Amendment extends this protection to the states.<\/p>\r\n

Other laws set a more specific due process for criminal sentencing. Title 18 of the United States Code<\/a> governs sentencing in federal courts. Similarly, state laws and constitutions govern state court sentencing procedures.<\/p>\r\n

Statutory Criminal Penalties<\/h2>\r\n

Criminal law statutes enumerate crimes. The provision that identifies the specific crime will also determine the appropriate punishment<\/a>. Punishments will vary based on whether the crime was a serious offense, a misdemeanor, etc.<\/p>\r\n

For example, a statute may read, "Violation of this statute constitutes a misdemeanor, punishable by a fine not to exceed $500 or imprisonment not to exceed 30 days, or both." The sentencing judge will decide which of these penalties would be most appropriate for the particular case.<\/p>\r\n

Aggravating and Mitigating Circumstances<\/h2>\r\n

Before sentencing, a judge will consider certain "aggravating" or "mitigating" factors. These factors help determine where a punishment should fall along the prescribed spectrum.<\/p>\r\n

Additionally, a presentence report<\/a> by a probation officer is often considered when coming up with a sentencing range.<\/p>\r\n

What Are Aggravating Factors?<\/h3>\r\n

Aggravating circumstances<\/a> are factors that increase the severity of a criminal act.<\/p>\r\n

Typical aggravating factors considered by judges include:<\/p>\r\n