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Criminal Sentence

A criminal sentence is handed down after a criminal trial. There are several different criminal sentences available, and the facts of the case in question are what the sentence is based on. Below are several common questions asked regarding criminal sentences answered by the Experts.

What is a criminal sentence?

A criminal sentence is a declaration of punishment. Within the law, a sentence is the final fact of a judge-ruled process. The defendant that has been convicted of a crime may receive imprisonment, fines, or other forms of punishment in their criminal sentencing. Those that have multiple crimes may serve a consecutive sentence, where the time served is equal to the sum of all sentences. That or they may serve a concurrent sentence where the time served is equal to the time of the longest sentence. If a criminal sentence is reduced to punishment that is not as hard then has “mitigated” or “commuted”. It is possible that in some legal systems the accused may be punished beyond sentence terms such as loss of government benefits, social stigma or the collateral consequences of criminal charges. In the statutes of each state there is often a range of punishments that can be used for various offenses, and offers a type of criminal sentencing guidelines as to what penalty can be imposed in those ranges for a certain crime and the accuser’s characteristics.

What are the possible sentences for involuntary manslaughter from a DUI, for a person with two prior felonies on their criminal record in the state of Kansas?

In the state of Kansas criminal sentencing for involuntary manslaughter as a result of DUI may be sentenced in a range from 38 month, around 3 years, up to 172, around 15 years. If the accused has prior felonies the criminal sentence may be pushed to the upper end of this range. That being said all cases are fact dependent and are up to the judge ultimately. The more conservative the judge the more likely the punishment will be harsher, but the liberal the judge the punishment may not be as harsh.

If a person receives a 2 year suspended sentence serves 5 months is out then has their probation revoked and serves 8 more months, how much of it goes to the 2 year sentence?

If the person served 5 months and then had their probation revoked and serves another 8 months, and the time in was for the same case, then 13 months should go toward the 2 year sentence. A person gets credit for everyday they spend in jail or prison even if they are not consecutive due to release, as long as the time served is for the same case.

In the state of Idaho, what is the maximum criminal sentence for first offense unemployment fraud?

In the state of Idaho a person charged with unemployment fraud first offense may have to pay a criminal fine that is equal to 25% of the amount of money that was overpaid, as well as being unable to receive unemployment benefit for one year. Also since the first offense criminally is a felony, it can carry a punishment of up to a year in prison, it is at the judge’s discretion whether or not probation will be granted. Two to five years in prison are punishments usually for second and subsequent offenses.

When a person has a criminal sentence of prison, who determines if they are eligible for probation?

The probation board is who determines is a prisoner is eligible for probation. There are several deciding factors in play in this determination such as; good behavior or overcrowding. The probation board does not necessarily have to offer probation to any convict, probation is not a right it is a privilege.

Criminal sentences differ from state to state depending on the offense in question. Each offense’s sentence may also take into account if the convicted has any priors. This brings up many questions and the best way to get the answers that are needed is to as an Expert.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2433
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Sentence Questions

  • What is the proceduer during a hearing to lift a bench warrant.

    What is the proceduer during a hearing to lift a bench warrant. I have one issued August of 2013 in miami for driving with a suspended license. I couldnt go because I didnt get the notice till after the date(mom gone out of town,had mailbox key). I set a hearing on the judges calander and would like to know what to expect come the hearing.
  • Ann Arbor detectives believe they have proof that five people

    Ann Arbor detectives believe they have proof that five people have conspired to commit murder. Do they need to consult with the D.A. before arresting them? And if they lawyer up, who will deal with them to get one of them to confess and turn on the others? Is it the detectives, or is it someone in the prosecutor's office?
  • Hello. My fiancé will be release in March 2015. He was sentence

    Hello.
    My fiancé will be release in March 2015. He was sentence 60 months in prison. And 8 years on Supervision. The big problem here is that he is an American I am not. I live in Europe. We have a child together, a 3 year old. The plan was for him to move over here, but then he was arrested and sent to a Federal Prison.
    My question is; Will be be Abel to travel and Stay in Europe with me and our child. Or has he have to wait 8 long years?
    My country has no problem of letting him come and saty. I am more worried about what the USA will say. He will first go to a half way house, then I think he can go home and stay with his parents. He is at the moment in Puerto Rico, were he also lives. He is saying that we have to wait and see what his PO has to say. How is the one that do deside if he can go? I have a bad feeling about this. He is not convicted of a violent crime. It's a criminal crime (drugs). He have never been convicted for anything before, he has no criminal history. What do you think?
    Sincerely Sara
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