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Sentencing

Introduction

Sentencing is where a criminal case produces real consequences.

After a conviction or guilty plea, the court determines punishment. This stage is no longer about whether charges are true. It is about what penalties will apply and under what conditions.

Although sentencing comes at the end of a case, it is shaped by decisions made throughout the Criminal Process.

What Sentencing Is

Sentencing is the court’s determination of penalties following a conviction.

Possible outcomes include incarceration, probation, fines, license suspensions, treatment requirements, or a combination of conditions. Sentencing authority comes from statutes, but judges often retain discretion within those limits.

The sentence imposed depends on the offense, criminal history, and facts established in the case.

Sentencing Is Influenced by Earlier Stages

Sentencing does not happen in a vacuum.

The record created during investigation, charging, discovery, and motion practice all affect sentencing outcomes. Evidence admitted at trial, facts resolved through motions, and compliance with court orders become part of the sentencing picture.

This is why early litigation decisions matter long after a verdict is reached.

Information the Court Considers

Courts consider more than the charge itself.

Judges may review presentence investigations, victim impact statements, prior convictions, and arguments from both sides. Conduct during the case, including compliance with release conditions, often carries weight.

What is placed into the record, and what is left out, can meaningfully affect sentencing.

Mitigation and Context

Mitigation explains context.

Defense mitigation focuses on factors that support a less severe sentence. These may include lack of prior record, employment history, treatment progress, or circumstances surrounding the offense.

Mitigation does not dispute guilt. It informs how punishment should be imposed.

This process is discussed in more detail on the Sentencing Mitigation page.

Sentencing After Trial or Plea

Sentencing can follow either a trial or a guilty plea.

The path to conviction matters less than the posture of the case at sentencing. Plea agreements may include sentencing recommendations or limitations. Trials may result in broader sentencing exposure depending on statutory structure.

The procedural history leading into sentencing often matters more than how the conviction occurred.

For context on how cases reach this stage, see the Trial page.

Conditions and Long-Term Effects

Sentencing often includes ongoing conditions.

Probation supervision, reporting requirements, treatment programs, and financial obligations may continue long after the courtroom phase ends. Violations of sentencing conditions can result in new penalties or incarceration.

Understanding these conditions is essential to avoiding further legal consequences.

How Sentencing Fits Into the Criminal Process

Sentencing is the final stage of the criminal case itself.

It follows arrest, charging, pretrial litigation, and resolution through plea or trial. While it concludes the case procedurally, its effects can last for years.

For a full overview of how cases move from start to finish, see the Criminal Process page.

Practical Takeaway

Sentencing determines outcomes, not accusations.

It reflects the charge, the evidence, the procedural history, and the record built throughout the case. Effective sentencing advocacy depends on preparation at every earlier stage, not last-minute arguments.

Understanding sentencing helps explain why criminal defense work does not end with a verdict.