ABA Family Legal Guide

Criminal Justice

Court Procedures

Sentencing of Convicted Criminals

What determines the sentence I will receive?

The primary factors are the sentencing range provided in the penal code and your prior convictions, if any. The judge also may consider any aggravating or mitigating factors. Aggravating factors, such as the violent nature of a crime or a high degree of sophistication in planning it, suggest a tougher sentence. Mitigating factors may be a good family history, a stable employment record, or any benefits you have bestowed on the community, such as volunteer work.

In addition, before imposing your sentence, the judge must allow you to make a statement. You should discuss this with your lawyer in advance. Sometimes, a plea for mercy or a promise to improve your behavior will be effective at this point--it depends on the judge and on whether the judge believes you.