If you were arrested and charged with a crime, you have the right to be given a trial for this crime, which will determine whether you are guilty or innocent in the eyes of the court. If there is a lot of evidence that proves you committed the crime, you may want to talk to your lawyer about focusing more on getting a lighter sentencing rather than on trying to get an innocent verdict. The judge or jury will be responsible for determining your sentencing, and you might want to push for alternative sentencing.
What Is Alternative Sentencing?
When a crime can result in prison or jail time, alternative sentencing refers to punishments that do not involve time behind bars. This type of sentencing is designed to help criminals pay for what they did, without causing major interference with their life.
What Factors Do Courts Use To Determine Sentencing?
In order for a court to even consider giving a person an alternative sentence, they will look into several factors about the person, which include the following:
- The person's criminal history – A court might be more apt to offer an alternative sentence if the person does not have a criminal history. In other words, you may not want to ask for this if your history is full of criminal acts. But if this is your first offense, it might be a good option to consider.
- The nature of the crime – There are some crimes that alternative sentencing might work with, but there are others it would not work well with. For example, if your crime is murder, you mostly likely will spend time behind bars if you are convicted of the crime. On the other hand, if the crime is battery, drug possession, or theft, you might be able to get the court to approve an alternative sentence to you. In addition, the court will take into consideration who the victims were, the amount of damages they suffered, and the effects it had on them.
- The remorse you show – Courts also may show sympathy and lenience to criminals who demonstrate a sense of remorse. If you show that you are truly sorry for what happened, the court might be more inclined to offer a lighter sentencing to you.
Your lawyer can discuss these factors with you to determine if you should pursue alternative sentencing or not.
What Are The Types Of Alternative Sentencing Used?
If your lawyer believes there is a good chance the court might grant this to you, there are several different types of alternative sentencing options they might choose for you. Here are some of the common options:
- Fines – Paying a fine means paying money to the court for the crime you committed.
- Probation – Depending on your crime, the court is likely to assign probation time to you. During this time, you will have to report to a probation officer and will have to stay out of trouble.
- Restitution – If the crime involved damage to someone's property, you might be told you have to repay the victim for the damages.
- Community service – Spending a certain number of hours serving the community is another type of alternative sentencing.
- Classes – The court might also require that you take classes to help you with the issue you were convicted of. If the issue was drug-related, you may have to go to rehab. If the issue was battery, you may have to attend anger management.
On top of getting one or more of these punishments, the court might also place you in something that is called a diversion program. This means that the court is deferring your sentencing until a later date, which you will be given. If you complete all the necessary requirements by this date, you will have no further consequences for the crime.
Going through the criminal court process can be intimidating and time consuming. If you have any questions or would like assistance with your case, contact a criminal lawyer, such as those at Jeffrey D. Larson, Attorney at Law, today.
