Criminal Defense · Haute Lawyer Network
How Does Criminal Sentencing Work?
Last reviewed: June 2026
Sentencing is the phase of the criminal process in which the court imposes a punishment on a convicted defendant. It follows either a guilty plea or a jury verdict. Sentencing is typically set by the judge — not the jury — within parameters established by statute and, in federal cases, the Federal Sentencing Guidelines.
Sentencing options include incarceration in jail or prison, probation, fines, restitution to victims, community service, house arrest or electronic monitoring, and various rehabilitative programs.
Judges typically consider the nature and severity of the offense, the defendant's criminal history, the defendant's personal characteristics and circumstances, the impact on victims, and any mitigating or aggravating factors presented by the defense and prosecution.
Frequently Asked Questions
What is the difference between a jail and prison sentence?
Jail sentences — typically under one year — are served in a local county or city facility. Prison sentences are served in state or federal correctional institutions.
What is a sentencing hearing?
A court proceeding where both sides present evidence and argument about the appropriate sentence. The defense presents mitigating factors, the prosecution presents aggravating ones, victims may provide statements, and the defendant typically has the right to address the court.
What is a pre-sentence report?
A report prepared by a probation officer assessing the defendant's background, the facts of the offense, and the probation officer's sentencing recommendation. Judges rely heavily on pre-sentence reports.
What is the difference between concurrent and consecutive sentences?
Concurrent sentences run simultaneously — a defendant serving two five-year concurrent sentences serves five years total. Consecutive sentences run one after another — the same two sentences run consecutively produce ten years total.
What is time served?
Credit for time already spent in custody before sentencing — reducing the sentence by the time the defendant was detained awaiting trial and sentencing.
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