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ok kiddos, time to sit around the campfire for a lesson from your favorite criminal defense attorney*.
today’s lesson: sentencing!
*disclaimer: I am licensed to practice in VA only.
today’s lesson: sentencing!
*disclaimer: I am licensed to practice in VA only.
I see a LOT of posts on social media/news articles that say “Mr. Doe is charged with X felony and faces 5 years in prison!” and then at sentencing gets sentenced to a few months, or a year, or even just probation and everyone shouts about privilege
absent a mandatory minimum, the number of years a charge carries is a RANGE.
for example, in VA our felonies are classified as class 1-6, one being the most serious. class six felony charges carry UP TO 5 years. that’s the max.
for example, in VA our felonies are classified as class 1-6, one being the most serious. class six felony charges carry UP TO 5 years. that’s the max.
absent a mandatory minimum, or a particularly egregious set of facts, damn near no one is getting maxed on a first offense with no/minimal criminal history.
we also have sentencing guidelines!
we also have sentencing guidelines!
guidelines are used to encourage uniformity in sentencing. they consider factors such as criminal history, injury, quantity of drugs distributed, if a weapon is used, if the person was on probation, etc. if a judge departs from the range, they have to give a reason why
in VA, on a MISDEMEANOR sentence, you get what we call “day for day” credit. each day counts as two days. if you get sentenced to serve 30 days, you will serve 15 actual days (excluding mandatory time)
on a felony charge, you serve 85% of a non-mandatory sentence.
on a felony charge, you serve 85% of a non-mandatory sentence.
please don’t get discouraged when you see that people aren’t getting maxed. privilege plays a part, but a LOT goes into sentencing.
I prep for sentencing as hard as I prep for trial, no matter what. I keep track of mitigating evidence from my first interaction with clients.
I prep for sentencing as hard as I prep for trial, no matter what. I keep track of mitigating evidence from my first interaction with clients.
my commission has an entire position dedicated to mitigation. it’s CRITICAL.
my clients are typically being judged by the absolute worst thing they’ve ever done. that’s not who they are as a person. it’s my job to show that to the judge/jury.
my clients are typically being judged by the absolute worst thing they’ve ever done. that’s not who they are as a person. it’s my job to show that to the judge/jury.
you never see the full picture. you see a news article that cites to the stat max, and then you see a sentence that considers a million different factors, and most likely the very hard work of an experienced defense attorney and their support staff. remember that.
