How Sentencing Works in DC Criminal Cases

How Sentencing Works in DC Criminal Cases

If you’ve ever been charged with a crime in DC, you probly want to know how sentencing works. This article will explain the basics so you understand the process and potential outcomes.

The Players

There’s a few key people involved in sentencing for DC cases:

• The judge – they decide what your sentence will be based on the law and arguments from lawyers.
• The prosecutor – their job is to try to get you convicted and push for the longest sentence they can.
• Your defense lawyer – they argue for the lightest sentence or even no jail time.

Types of Sentences

There’s different kinds of criminal sentences in DC:

• Prison – jail time in a state or federal prison. This is the most severe punishment.
• Probation – instead of jail you get supervised release in the community. You have to follow rules and check in with a probation officer.
• Fines – having to pay money to the court, usually in addition to other sentences.
• Community service – having to work for free for a certain number of hours at designated places.

Factors That Determine Your Sentence

Judges don’t just pick random sentences – there’s things they have to consider based on the law and your specific case:

• The type of crime – more serious crimes typically get longer sentences.
• Your criminal history – repeat offenders often get tougher sentences.
• Sentencing guidelines – recommended sentences based on the crime, your record, etc. Judges don’t have to follow them but often do.
• Arguments from the prosecutor and defense.
• Whether you take responsibility and show remorse.
• Your age, background, and other personal factors.

The judge has a lot of discretion but these are the main things that can make sentences longer or shorter.

Minimum and Maximum Sentences

Most crimes have minimum and maximum sentences set by law. For example, armed robbery in DC has a minimum sentence of 5 years in prison and a max of life in prison. The judge picks a sentence within that range.

Some crimes, like murder, have mandatory minimum sentences where the judge has to give at least the minimum. They don’t have much choice.

Concurrent vs Consecutive Sentences

If you’re convicted of multiple crimes, the judge decides if you’ll serve the sentences at the same time (concurrent) or back-to-back (consecutive). This makes a huge difference:

• Concurrent – If you get 1 year for crime A and 1 year for crime B, you’d serve 1 year total.
• Consecutive – If you get 1 year for crime A and 1 year for crime B, you’d serve 2 years total.

Judges often make sentences consecutive if they think you deserve more punishment.

Plea Agreements

Most DC cases end in plea deals between the prosecution and defense. This is an agreement where you plead guilty in exchange for an agreed upon sentence. The judge usually goes along with the deal.

Plea deals often result in lighter sentences since you avoid trial. But you have to carefully weigh the risks vs benefits.

Suspended Sentences

Sometimes judges order a sentence but suspend part or all of it. For example, they may give you 5 years but suspend 3 years. This means you only serve 2 years as long as you stay out of trouble.

If you violate release conditions the suspension gets lifted and you serve the full term.

Probation and Parole

Probation is a suspended sentence you get instead of jail. Parole is early release from prison under supervision.

Both involve strict rules like drug testing, treatment, no weapons, etc. Violating conditions can land you back in jail.

Fines and Restitution

Almost all criminal sentences involve fines paid to the court. You also often have to pay restitution to victims for losses from the crime.

Not paying fines or restitution can extend your probation or send you to jail.

Appealing Your Sentence

If you think your sentence is unfair you can appeal to a higher court. But appeals rarely change sentences unless there was a legal error.

You only get one chance so talk to a lawyer before appealing.

Takeaways

Here’s the key points to remember about criminal sentencing in DC:

• Judges decide sentences based on the law, guidelines, and case specifics.
• More serious crimes and repeat offenders get tougher sentences.
• Plea deals often result in lighter sentences than trials.
• Minimum and maximums limit sentences for each crime.
• Concurrent is serving time together, consecutive is back-to-back.
• Suspended sentences mean only serving part of the term.
• Fines, restitution, probation and parole are common too.

I hope this overview helps explain how sentencing works in DC. Let me know if you have any other questions!