What is the sentencing process in criminal defense law?

The sentencing process in criminal defense law in California generally involves the court issuing a sentence that is appropriate for the crime committed. This sentence may include fines, jail time, or both. The court will look at the severity of the crime, the criminal history of the defendant, and the potential to rehabilitate the defendant before making a decision. Before choosing a sentence the court may consider other factors such as the use of a weapon, being charged as an adult or juvenile, and the presence of any mitigating or aggravating circumstances. Mitigating circumstances may reduce the sentence and aggravating circumstances may increase the sentence. The court may also consider the defendant’s plea bargain if one was reached. This is when the defendant and prosecutor agree to a reduced charge and sentence in exchange for a guilty plea. In rare cases, a jury may be called to decide if the defendant is found guilty beyond a reasonable doubt. The jury is then responsible for determining the guilty verdict and any sentencing recommendation. Once a sentence is chosen and delivered, the defendant may have the option to appeal. If the appeal is successful the court could reduce or overturn the sentence. If this is unsuccessful, the defendant will likely face the sentence and any other punishments, such as probation or parole, that may be issued as part of the sentence.

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What is the sentencing process in criminal defense law?

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