Felony Sentencing

Felony sentencing defines a person's punishment for committing felony crimes. Felony sentencing can include one or more of the following penalties: incarceration in prison or jail, probation, punitive or compensatory fines, community service, and rehabilitation. Felony sentencing is done by the judge who presided over the defendant's criminal trial. In some states, felony sentencing is made in accordance with "determinant" sentence statutes. These legal statutes mandate that felony sentencing be made in accordance with prescribed sentencing schedules for specific crimes. In other cases, judges are given greater individual discretion in determining felony sentencing.

Incarceration may be one element of felony sentencing. Determinant statutes or mandatory minimum laws may require that a certain length of incarceration be ordered in a defendant's felony sentencing. There are several reasons that incarceration is an element of felony sentencing. Felony crimes are considered grave acts that do great injury to individuals and society as a whole. Retribution, deterrence, public safety, punishment, rehabilitation, and politics are all reasons cited for the value of incarceration in felony sentencing.

The length of incarceration time served may be, and often is shorter than the length of time ordered through felony sentencing. People may get out of jail or prison early for the following reasons: parole, the individual has exhibited good behavior during incarceration, or because a facility is overcrowded and the inmate's space is needed to house another criminal. In some felony sentencing the length of incarceration can be left to the discretion of prison or jail authorities.

Felony sentencing also involves the element of punitive and compensatory fines. Punitive fines are intended to punish the criminal and deter them from future unlawful actions. For less serious felony crimes, felony sentencing may only involve fines while more serious crimes will involve additional methods of punishment. Restitution may also be an element of felony sentencing. Restitution is compensatory fines which go to the victim of the felony crime. The victim may be a person or group of people. The victim may be considered society as a whole, in which case restitution would go to a state or federal fund.

Other elements of felony sentencing can include probation, community service, and a variety of miscellaneous penalties. Probation is a period of time during which an offender is subject to a number of conditions and restrictions. A probation officer will be assigned to ensure that a felon obeys all probation provision. The objective of community service in felony sentencing is to provide a way for a felon to repay his/her "debt to society" by doing something positive in the community. Miscellaneous felony sentencing penalties can include rehabilitation programs, house arrest, and more.

If you or someone you know is facing felony sentencing it is vital to retain the professional legal services of an experienced attorney who can protect and maximize your interests. Please contact us for more information about felony sentencing.