How Sentencing Works in a District Court Trial
Defendants convicted of felony crimes are sentenced according to a uniform set of guidelines, established by a commission created by the state legislature (Sentencing Guidelines Commission). The purpose of the system is to assure that those who commit similar crimes, and who have comparable criminal backgrounds, receive similar sentences.
The guidelines are based on two elements: the seriousness of the crime or crimes, and the offender's criminal history. A judge may depart from these guidelines, but only for good reasons that they must explain in writing.
In some cases, a judge gives a probationary sentence. Probationary defendants can avoid going to a state prison, but they can be required to serve time in the local jail, participate in employment or treatment programs, and return what they took from their victims or compensate the victim for the loss.
In addition, a court may order the offender to make restitution (payment) to victims for damages, loss of property or lost wages, or expenses for treatment of injuries. The judge can also order the defendant to pay restitution to the victim.
Those convicted of gross misdemeanors and misdemeanors may be sentenced to probation and/or time in a local jail. Violation of terms of the probation can result in a long jail term.