Last Updated on February 24, 2025
State and local law sets out specific punishments for each type of crime, but ultimately, the judge still does decide the final sentence given to a defendant. After a defendant is found guilty of a crime, they go through a sentencing hearing where they will learn the punishment they will serve for the crime they committed. In the sentencing hearing, the defense attorney and prosecutor will present evidence and arguments regarding what they believe would be a fair sentence. At the end of the trial, the judge decides the punishment in all cases aside from the death penalty (where a jury decides on whether the defendant should be put to death). But how do judges determine sentences? What factors does a judge in Vista consider when determining sentencing? Numerous factors influence their decision.
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Judges Start With State Sentencing Guidelines
California law dictates the proper sentence for different crimes, sometimes detailing a specific penalty for a particular offense. When the law doesn’t specify a specific sentence guideline for a given crime, it will fall into a broader category; for example, most misdemeanors in California are punishable by 6 months in jail and a fine of up to $1,000, but some misdemeanors are punishable by 12 months in jail and a fine of $1,000. Similarly, other offenses have lesser penalties of up to 3 months jail time.
Most sentencing guidelines only specify a maximum sentence, but some also list minimum penalties. For example, a second time DUI will result in a minimum of 96 hours of jail time.
San Diego County uses a sentencing guideline system for misdemeanors. Judges can deviate from the guidelines and frequently look for alternatives to jail terms. “In San Diego, judges often look to defense lawyers like myself for creative sentencing arguments,” says Peter Liss.
How Felony Sentencing Works
Felony sentencing is a more formal process in which the probation department prepares a report and recommendation to the judge. Often, the sentence is pre-determined by a deal between the defendant and the prosecutor. If probation is granted, sentencing ranges from no jail to up to a year in jail. When probation is denied, defendants are sentenced to prison.
The prison sentence range is drastic and will depend on the crime. Maximum prison terms can be as short as three years or as long as life imprisonment. Determining sentencing for a felony can be complicated because enhancements for prior crimes and aggravated circumstances of the current case can play into the decision.
If the defendant has a prior strike on their record, the sentence is supposed to be doubled right away, and if they have two previous strikes and the offense they are currently charged with is a strike, the sentence is supposed to be 25 years to life. “When the defendant has a prior strike on their record, the judge and prosecutor still have the option of ‘striking a strike,’ meaning it will be overlooked when the judge decides on the final sentence,” explains Liss.
How Judges Decide on a Penalty
A judge has a lot of leeway in deciding the appropriate punishment to impose for a given crime, and they consider quite a few factors when making their ruling. A sentence should not be excessive, but still be sufficiently long to punish the wrongdoer, provide a sense of justice to the victim, deter similar criminal conduct, rehabilitate the defendant, protect the community from other crimes by the defendant, and reflect the seriousness of the offense.
As such, they will consider several factors that may lead them to increase or decrease the penalty. These may include a defendant’s:
- criminal history, including their record while incarcerated, on parole, or on probation, if applicable
- risk to public safety
- admission of guilt and feelings of remorse
- history of drug or alcohol abuse
- psychological profile
- attempts to make restitution
The judge will also look at the details of the offense itself, including:
- the severity of the crime
- the defendant’s intent
- the defendant’s role in the offense
- whether someone was seriously injured as a result of the criminal act
- whether a weapon was used
- how vulnerable the victim was
- the impact on the victim, including their monetary losses, emotional suffering, and injuries
- if the act was a hate crime or gang crime
What Options Does a Judge Have?
The judge can decide how long an offender should spend behind bars, the total fines, and how much restitution they must pay. Most people aren’t aware that judges have even more flexibility in determining what will happen to the defendant. Other important rulings they can make include:
- recommending probation or another alternative to incarceration, such as community service or GPS monitoring
- whether or not to suspend the sentence
- whether a defendant convicted of multiple offenses should be able to serve the sentences all at once (concurrent) or one after another (consecutive)
- ordering the defendant to undergo courses or programs to address issues such as drug or alcohol addiction, victim impact panel, domestic violence classes, or anger management
Once a judge has made their decision and sentenced an offender, it is difficult to change these terms in most situations. One of the only ways to overturn most rulings is through an appeal. Sentencing errors on felonies are the most common basis for reversal in the Court of Appeal.
A court order is legally binding, so someone sentenced to finish a DUI class must finish the class as part of their probation, or they may be subject to further legal penalties, such as jail time.
How Plea Bargains Play into Sentencing
While most people envision criminals accused of a crime going to a trial and being sentenced by a judge if they have been found guilty, this is less common than you might imagine. In fact, less than two percent of criminal cases in California end up going to trial; the rest are settled in plea agreements.
Some plea agreements involve the prosecution and defense attorney settling on a sentence for the defendant if they plead guilty, while others involve negotiating the number of charges or counts. “Once a case goes to trial, the prosecution will revoke any plea offer they previously made, and the defendant will potentially face the maximum penalty for the offense,” explains Liss. “As a result, plea agreements are often beneficial for defendants, as research shows they typically receive lesser sentences than they would if they went to trial.”
Ultimately, the judge must still approve the terms of the plea deal, and if no sentence has been predetermined, they will decide on the proper punishment. While rare, the judge has the discretion to overturn a plea agreement if they feel the state lacks sufficient evidence to prove the charges or if they think the sentence is inappropriately harsh or lenient.
“It’s critical to have a top criminal lawyer in your corner at the sentencing hearing in San Diego,” says Liss. “If you have been accused of any crime, I can help you not only fight the charges, but also work for the minimal sentencing if you are convicted.” You can schedule a free initial consultation at his office located across the street from the Vista courthouse by calling (760) 643-4050.
