Who Decides Sentencing in Criminal Cases?

Courtroom Sentencing
Sentencing in criminal cases is a complex process that can have a major impact on a person’s life. Knowing who has the power to make decisions about sentencing can help you understand the process and prepare for their court date. In this blog post, we’ll go over who decides sentencing in criminal cases, the sentencing process, and what to expect when facing criminal charges.

Who Decides Sentencing in Criminal Cases?

Sentencing in criminal cases is typically decided by a judge. The judge will consider the facts of the case, the defendant’s criminal history, and the severity of the crime when making a decision about sentencing. Depending on the jurisdiction, a jury may also be involved in the sentencing process. In some cases, a jury can decide the sentence, while in other cases, the jury’s decision is advisory and the judge makes the final decision.

The Sentencing Process

The sentencing process begins after a person has been convicted of a crime.

The judge will typically consider the following factors when deciding on a sentence:

  • Severity of the crime
  • Defendant’s criminal history
  • Impact of the crime on the victim
  • Defendant’s age
  • Defendant’s mental health
  • Defendant’s ability to pay restitution
The judge will then decide on a sentence, which could include jail time, probation, fines, or community service.

What to Expect When Facing Criminal Charges in Fresno, CA

If you’re facing criminal charges, it’s important to understand the sentencing process and your rights. The criminal defense lawyers at Schweitzer & Davidian can provide you with the legal advice and representation you need to protect your rights.

We are dedicated to providing the highest quality of legal services. Our experienced attorneys understand the complexities of criminal law and can help you navigate the sentencing process. We will work to ensure that your rights are protected and that you receive a fair and just outcome in your case.