At the conclusion of a criminal case, a person who is convicted of a crime will have to be sentenced. A judge may impose a sentence immediately after the conclusion of a trial or a separate date may be set for sentencing.
The court can also order a pre-sentence investigation to determine the appropriate sentence. When you are preparing for a sentencing hearing, you will want to make sure the court is aware of any mitigating factors that could lead to the most favorable sentence possible.
If you were arrested for an alleged criminal offense or are awaiting sentencing following a conviction, it is in your best interest to make sure you have legal representation. An experienced criminal defense lawyer can fight to help you receive a fair sentence.
The attorneys of Sabol | Mallory have over two decades of combined experience working with prosecutors and judges in criminal cases. Call (614) 300-5088 or contact us online to take advantage of a free consultation.
When a judge does order a pre-sentence investigation,the probation department will typically handle the report. The investigation will examine an alleged offender's financial situation, criminal history, character, and any other information might factor into a criminal sentence.
Ohio Revised Code § 2929.21(A) establishes that the overriding purposes of misdemeanor sentencing are to protect the public from future crime by the offender and others and to punish the offender. To achieve those purposes, a sentencing court should consider the impact of the offense upon the victim and the need for changing the offender's behavior, rehabilitating the offender, and making restitution to the victim of the offense, the public, or the victim and the public.
Under Ohio Revised Code § 2929.22(B)(1), a court should consider the following factors when determining the appropriate sentence for a misdemeanor:
Ohio Revised Code § 2929.11(A) establishes that the overriding purposes of felony sentencing are to protect the public from future crime by the offender and others , to punish the offender, and to promote the effective rehabilitation of the offender using the minimum sanctions that the court determines accomplish those purposes without imposing an unnecessary burden on state or local government resources. To achieve those purposes, the sentencing court shall consider the need for incapacitating the offender, deterring the offender and others from future crime, rehabilitating the offender, and making restitution to the victim of the offense, the public, or both.
Under Ohio Revised Code § 2929.12(B)(1), a court should consider the following factors when determining the appropriate sentence for a felony:
Misdemeanors and felony offenses both have five classes. For misdemeanors, convictions can generally result in the following sentences:
When it comes to a felony, then a conviction can result in the following sentences:
In some cases, courts must impose mandatory sentences. Not all convictions necessarily result in jail or prison terms, as some people may be sentenced to house arrest or halfway houses.
Some sentences may require people to complete diversion programs. Other possible conditions of sentences can include community service, drug testing, and electronic monitoring.
Felony Sentencing Quick Reference Guide | Ohio Supreme Court — Learn more about the overriding purposes and principles of felony sentencing in Ohio. You can view recommendations when an offender’s conduct is more serious or less serious as well as when recidivism is more likely or less likely. The document also discusses mandatory prison terms.
Prison Legal Packet | Ohio Public Defender (OPD) — View a legal packet prepared by the OPD that is a guide summarizing the law. The second section addresses your sentence, including community control violations, jail time credit, and mandatory time. You can also learn about early release options and postconviction relief.
Ohio Criminal Sentencing Commission | Ohio Supreme Court — Ohio Revised Code § 181.21 creates the Ohio Criminal Sentencing Commission, which is an affiliated office of the Supreme Court of Ohio that brings together judges, prosecuting and defense attorneys, behavioral health professionals, academics, corrections officials, law enforcement, victims’ advocates, community corrections experts, and others with a direct interest in criminal sentencing. The Commission’s work is to enhance justice and ensure fair sentencing in the State of Ohio. You can view the February 2019 Criminal Sentencing Modification Proposal by Chief Justice Maureen O'Connor.
Were you arrested or are you awaiting sentencing in the greater Columbus area? Make sure you contact Sabol | Mallory as soon as possible.
Our firm knows how frightening it can be to await a sentence in a criminal case and we work to make sure that our clients are able to have all mitigating factors considered. You can have our attorneys help you understand all of your legal options as soon as you call (614) 300-5088 or contact us online to set up a free consultation.