Better Sentences With a Top Criminal Defence Lawyer

A defendant who pleads guilty or is handed a guilty verdict after trial will be sentenced or punished according to the penalties fixed by applicable criminal law. If both sides had previously entered into a plea bargain agreement, the judge may impose punishment based on its terms or take into account other factors before fixing the defendant’s sentence.

Negotiating a plea bargain and presenting favourable circumstances in evidence are effective sentencing strategies by a criminal defence lawyer. Melbourne judges may choose from several sentencing options to promote rehabilitation of the offender while reducing the strain of overcrowded jails.

Purpose of sentencing

The objectives of sentencing are the following:

to ensure that the offender is adequately punished for the offence

to prevent crime by deterring would-be offenders from committing the same act

to protect the community from the offender

to promote rehabilitation of the offender

Sentencing options

Courts may impose any of the following sentences on guilty offenders:

dismissal and conditional discharge

bond

deferred sentence

payment of a fine

community service

periodic detention

suspended sentence

full-time custodial imprisonment

Sentencing options for young offenders are different and are likely to be less severe because its primary aim is to rehabilitate the offender before reintegrating the young offender into society.

Sentencing factors

The following factors may help persuade a judge to grant a more favourable sentence:

the demeanor, statements and cooperation of defendant during trial

presence of mitigating circumstances which reduce responsibility of the defendant as perpetrator of the crime

past criminal history

mindset and intention of the offender while committing the crime

extent of damage as a result of the crime such as personal injuries, property damages, expenses and personal costs

absence of treachery, cruelty or premeditation in the commission of the crime

Sentencing may take place immediately after a guilty verdict in misdemeanor cases or after a few days or weeks in felony cases and those that may carry long incarceration periods.

During the sentencing hearing, the judge may allow allocution statements to be made by persons for the defendant.

These and other factors like detention time already served, good behaviour between the time of conviction and sentencing, and statements made by the offender in pre-sentencing reports are some of the matters that may be used to obtain a favourable sentence with the assistance of your criminal lawyer Melbourne. Courts are limited in their sentencing options to ensure that not only is a crime adequately punished but more importantly, that an offender is not punished excessively.