{"id":352312,"date":"2023-09-08T13:15:35","date_gmt":"2023-09-08T18:15:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/sentencing-overview.html"},"modified":"2023-09-08T13:15:35","modified_gmt":"2023-09-08T18:15:35","slug":"sentencing-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/sentencing-overview.html","title":{"rendered":"Sentencing Guidelines in Criminal Charges: Overview"},"content":{"rendered":"\n
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Sentencing Guidelines in Criminal Charges: Overview<\/h1>\n
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\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
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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
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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

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During the sentencing hearing, a judge has discretion in selecting the punishment for a crime. Sentencing for a violent felony like first-degree murder differs from sex offenses or substance abuse cases. The sentencing range varies, depending on many different factors.<\/p>\n\n <\/div>\n\n

Let’s take a quick look at our criminal justice system.<\/p>\r\n

After a defendant engages in criminal conduct and commits a crime:<\/p>\r\n

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  1. Law enforcement will arrest them<\/li>\r\n
  2. A prosecutor will charge them in the trial court<\/li>\r\n
  3. They will be found guilty or not guilty<\/li>\r\n<\/ol>\r\n

    A person may be convicted of a crime following a guilty plea, no-contest plea, plea bargain<\/a>, or jury trial verdict. At the time of sentencing, a judge will determine the appropriate punishment.<\/p>\r\n

    In the past, federal courts used an indeterminate sentencing system. The term of imprisonment could have been declared a minimum with no determinate maximum sentence. Shortly after the 1980s, the United States Sentencing Commission (USSC)<\/a> was created. The USCC then transitioned towards a determinate sentencing system.<\/p>\r\n

    Continue reading for a simple overview of sentencing laws in the United States.<\/p>\r\n

    Types of Criminal Sentences<\/h2>\r\n

    Several different kinds of punishment may be imposed on a convicted criminal defendant. These punishments include:<\/p>\r\n