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Whenever the media covers a story about someone who has been charged with a crime, it is common for the story to include language such as “If convicted, Mr. Smith faces a maximum of ## years in prison.” This leads to interesting and sensational news stories, but it’s not something that criminal defense lawyers worry about very often. Likewise, if you’ve been charged with a crime, the information you were provided probably included a maximum sentence. This information creates a sense of inevitability that the worst possible outcome is likely. But in the majority of cases this information is, while scary, rarely important. The truth is the maximum sentence is almost never actually imposed. In this post, our friends at Archambault Criminal Defense aim to clear up confusion on this point and explain why the worst-case scenario almost never occurs.
The Sentencing Framework
Most states have statutes that establish the maximum punishment for a given offense. Typically, these limits serve as a hard ceiling, meaning that the punishment can never exceed that penalty. Many states have enacted sentencing guidelines that either suggest or require a certain punishment for specific crimes. Typically these guidelines are based on the offender’s history and the severity of the offense committed. Based on these factors, the guidelines set forth the appropriate sentence. These sentences are almost always less than the maximum. Usually they are significantly less. Using these guidelines allows the court to consider the unique facts and circumstances of each case and to craft a sentence that is appropriate for the situation.
Plea Bargains
Although dramatic and suspenseful trials often get the most media attention, the reality is that the overwhelming majority of cases do not go to trial. In fact some sources say that as many as 95% of cases result in a plea bargain and do not go to trial. People who accept a plea bargain almost always do so because they’ve been offered a sentence that is more lenient than they would receive if they went to trial and lost. That means that they are receiving less than the maximum sentence, often much less. The fact that plea bargains are so common illustrates how few people actually receive the maximum sentence. The maximum is not a fixed outcome, but merely the starting point for legal maneuvering.
Judges
Generally speaking, the decision of what sentence is appropriate is left up to the judge. Exactly how this works depends on the jurisdiction, but either way judges have a major say in the sentence imposed. As mentioned above, a judge is going to take into consideration the unique facts and circumstances of the case, as well as those of the offender, in deciding what punishment is appropriate. Very often, judges will determine that probation is a more just outcome, especially for non-violent offenders. Every person who gets probation is necessarily someone who did not receive the maximum sentence.
Defense Attorneys
A skilled criminal defense attorney’s main job basically boils down to keeping the worst from happening for his or her client. They do this by finding ways to highlight mitigating factors, negotiating plea deals, using legal tactics to improve their negotiating position, and advocating for alternative sentencing options. There are a lot of successful criminal defense attorneys out there – they didn’t become successful because all of their clients received the maximum punishment! In truth, defense attorneys as a whole are very skilled at achieving better outcomes for their clients, which means a whole lot of people who did not receive the maximum possible punishment.
While talking about “maximum sentences” is sensational and makes for good media coverage, the truth is that very, very few people actually receive these sentences. In reality, they’re mostly reserved for the most heinous and horrific of crimes – terrorists, murderers, and the like. For the vast majority of people, sentencing guidelines, plea bargains, judicial discretion, and skilled defense attorneys result in far more favorable outcomes.
