A defendant who pleads guilty or is found guilty after a trial will be sentenced or punished by the applicable criminal law’s penalties. Suppose both parties had previously agreed to a plea bargain. In that case, the court could impose punishment based on the terms of the agreement or consider other criteria while deciding on the defendant’s sentence.
Criminal lawyers’ effective sentencing methods include negotiating a plea bargain and presenting favorable circumstances in evidence. Brampton criminal law firm judges have a variety of sentencing alternatives to enhance offender rehabilitation while alleviating the load on congested jails. The following are the goals of sentencing:
- to assure that the perpetrator receives a sufficient punishment for their crime
- to prevent crime by discouraging would-be criminals from repeating the same offense
- to keep the public safe from the perpetrator
- to encourage the offender’s rehabilitation
Options for sentencing
Courts can sentence offenders to any of the following punishments:
- Dismissal and restricted discharge are the first two options.
- sentencing postponed
- Payment of a penalty
- Volunteer work in the community
- Detention regularly
- A sentence with a period of probation
- Incarceration for some time.
Because the primary goal is to rehabilitate the criminal before reuniting the young offender into society, sentencing alternatives for young offenders are varied and are likely to be less severe.
Factors that influence the sentence
The following variables may influence a judge’s decision to impose a more lenient sentence:
- The defendant’s behavior, remarks, and cooperation throughout the trial
- The presence of mitigating circumstances that decrease the defendant’s responsibility as a criminal culprit
- Previous criminal record
- The offender’s thinking and goal while committing the crime
- The number of the crime’s consequences, including physical injuries, property damage, expenses, and personal costs
- In the commission of the crime, there was no treachery, brutality, or premeditation.
In petty instances, sentencing may occur promptly following a guilty conviction, whereas in criminal cases and those with extended jail periods, it may take a few days or weeks. The court may allow the defendant’s supporters to make allocution speeches during sentencing.
These and other variables, such as detention time already served, good behavior between the time of convictions and sentencing, and your Brampton criminal law firm may use remarks made by the offender in pre-sentencing reports to secure a favorable sentence. Courts have restricted sentencing alternatives to ensure that a crime is sufficiently punished and that an offender is not overly punished.