OK - we saw that the punishment for a 3rd degree felony (in this case, insurance fraud) carries a punishment range of 2-10 years. What are some of the factors that are included in determining a sentence when the range of punishment is so vast?
Some of the factors include:
1. Will the judge or jury be electing punishment? This is a judgment call by the attorney. Sometimes it is better to take sentencing to the jury, sometimes to the judge;
2. Does the defendant have any criminal history and, if so, to what extent?
3. Are there any witnesses that can testify for the defendant regarding character (not always allowed);
4. Is the defendant eligible for probation?
These are some of the factors that must be considered. Note the diffrence between these factors and the exactness of the Federal system.
Some of the factors include:
1. Will the judge or jury be electing punishment? This is a judgment call by the attorney. Sometimes it is better to take sentencing to the jury, sometimes to the judge;
2. Does the defendant have any criminal history and, if so, to what extent?
3. Are there any witnesses that can testify for the defendant regarding character (not always allowed);
4. Is the defendant eligible for probation?
These are some of the factors that must be considered. Note the diffrence between these factors and the exactness of the Federal system.
NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR
IS IT INTENDED TO BE LEGAL ADVICE. IF
THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.
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tausk
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