Individuals facing jail time in Oklahoma are often uninformed concerning how criminal sentences are determined. After you have been convicted of the crime with which you are charged, the judge then determines the actual sentence you will receive for the conviction. This article focuses on how a judge determines a criminal sentence in Oklahoma.
The Judge
Excluding certain criminal convictions, the judge who presides over your case will determine your criminal sentence. For certain crimes, however, there are criminal statutes that specify the type of punishment appropriate for a particular crime. For example, a criminal statute may declare that a particular crime is punishable by a fine of up to $1,000, up to a year in jail, or both. Within the confines of the statute, the judge then has the discretion to decide the severity of your sentence.
Federal and state laws may also set mandatory maximum and minimum sentences with which a judge is obligated to comply. For example, if a particular crime carries a mandatory minimum five-year prison sentence, the judge will be powerless to sentence you to less time.
However, because crimes that require mandatory sentences are limited in number, the judge has the authority to consider a number of different factors in determining the appropriate sentence for your conviction. These factors include your criminal history, the circumstances and manner in which the crime was committed, and whether or not you are truly remorseful.
Mitigating and Aggravating Factors
When the judge has the freedom to determine the length of your sentence, your criminal defense attorney may bring present factual circumstances related to your defense that make the case for a lighter sentence. Factual circumstances that argue for a lighter sentence are referred to as “mitigating factors.”
Here are some examples of mitigating factors:
- You have little or no criminal history.
- You were only an accessory to the crime, not the main offender.
- When you committed the crime, you were under a great amount of stress; thus, your judgment was impaired.
- The crime was committed without causing harm to anyone or in a way in which nobody was threatened.
In contrast, the prosecutor may present the judge with what are referred to as “aggravating factors,” which provide evidence for a more severe sentence. A prior criminal record is the most common of all aggravating factors. Others include extreme cruelty or malice, or the use of a weapon in the commission of the crime. Some sentencing guidelines often specify which aggravating circumstances should be considered in determining the sentence for a particular crime.
Summary
In Oklahoma, your criminal sentence is typically determined by the judge who presides over your case with respect to both mitigating and aggravating factors. However, there are certain criminal offenses for which the judge must determine your sentence based on legal statutes that specify the punishment. For more precise information on the sentencing expectations for the crime of which you are accused, you should consult with an experienced criminal defense attorney.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or a loved one needs to speak with a criminal defense lawyer, call 918-756-9600 for a low-cost strategy session at Wirth Law Office-Okmulgee.
You can also enter your legal question or concern in the form at the top right of this page, and one of our attorneys will promptly return your message.
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