If you face criminal charges in Northern Virginia or the city of Fairfax, the Virginia sentencing guidelines help determine the likely penalties you will receive upon conviction. There are lenient and harsh penalties for various crimes under the law, including infractions, misdemeanors, and felonies. Sentencing guidelines are predetermined according to the nature and severity of a crime. They guide judges in choosing the most suitable sentence for a particular crime according to its details and an offender’s criminal history.
The assistance of a skilled criminal attorney is critical in understanding the gravity of your charges and the likely penalty according to your charges and other factors in your case. We can review the sentencing guidelines on your behalf at Virginia Criminal Attorney and advise you accordingly. We can also help you develop the most solid defense against your charges for the most favorable outcome in your case.
Understanding Virginia Sentencing Guidelines
People commit all kinds of crimes. Most of these crimes are covered under Virginia law, and there are possible penalties upon conviction. Penalties for particular crimes are set according to the details of a crime, its severity, and a defendant’s criminal history. Crimes committed by minors are treated differently from those committed by adults since minors are mainly treated and rehabilitated and not punished. A first-offender will likely receive a less severe penalty than a habitual offender. Some crimes are considered more severe than others. For example, an assault is not the same as murder. Grave felonies are punished more severely than lenient misdemeanors. All this information is contained under Virginia sentencing guidelines.
When you are charged with a crime, these guidelines will provide the most critical information about how harsh or otherwise your sentence will be. Some crimes are only punishable by a fine. Others require a jail sentence, and others a prison sentence. Some defendants are sentenced to probation; others receive a prison sentence and a fine. You learn about your conviction during a sentencing hearing after a successful jury trial. The judge will consider the evidence presented and your criminal history to determine your proper sentence. An aggressive defense against your charges can help reduce your penalty. You can also enter a plea deal with the prosecutor for a lenient sentence.
The Virginia Sentencing Guidelines were established in 1994. Before this, judges could determine sentences and penalties as they deemed fit. Some courts would give harsher sentences than others, while others had more lenient penalties for crimes that required harsh sentences. Although judges tried to be as fair as possible when issuing sentences, the lack of uniformity did not go unnoticed. Judges considered different factors during sentencing, which caused them to issue varied sentences. This necessitated uniformity, or at least a common ground for judges to decide on appropriate sentences.
Establishing sentencing guidelines has created fairness and consistency in the criminal justice system. Today, judges have a standard guideline to determine penalties and sentences for various crimes. The sentencing guidelines are not available to judges alone but to everyone with a role in the criminal justice system. Defendants can access the guidelines through their defense attorneys for prior preparation and decision-making. For example, you can use the information in these guidelines to determine how to plan your defense. A skilled attorney will help you understand how these guidelines can impact your penalties if a jury trial finds you guilty.
The general rule of the Sentencing Guidelines is under Va. Code § 19.2-298.01. This statute will teach you the maximum and minimum sentences for various felonies under the law, based mainly on case details. Judges use these guidelines as references to decide an appropriate sentence for a particular crime. A defense will receive the maximum or minimum sentence based on other case factors.
Generally, Virginia Sentencing Guidelines are helpful for the prosecution and defense teams. They advise both teams to take action but do not provide mandatory guidance on what should be done. Although judges use the guidelines to offer a fair sentence, they are not mandated to use them as they are. A judge can increase or reduce your sentence according to their findings. When a judge deviates from the sentencing guidelines, they must state their reason for the deviation.
Benefits of the Sentencing Guidelines
Establishing the Virginia Sentencing Guidelines has brought many benefits to the criminal justice system. Some of the benefits that have been reported include the following:
Consistency and Harmony in Sentencing Standards
Criminal courts within the same state need harmonious and consistent ways of handling crimes. The established guidelines provide this. They give judges and courts a harmonious framework to make critical decisions. Sentencing is not simple, as it determines whether justice has been served in a particular case. This is important for defendants and victims of crime. With the framework, judges can make reasonable decisions based on a consistent and clear standard, which was not there before this establishment.
Proportionate Penalties
Remember that all crimes are not the same. Some are more severe than others. Severe crimes deserve a heftier penalty than simple or lenient ones. Defendants should be sentenced according to the details of their crimes and criminal history. Sentencing guidelines ensure this happens across the state. A well-thought-out guideline will provide a harsh sentence for grave felonies like murder and rape and more lenient fines for infractions. People who are guilty of the same crime receive sentences almost similar to the details of their crime.
Uniformity in Sentences
It looks and feels good when a state uses the same sentencing guidelines to maintain uniform sentences. Defendants facing the same crime are likely to acquire the same punishment, regardless of their location within the state. Although some penalties can differ based on individual case details or a defendant’s criminal history, there should be a sentencing range for a particular offense. It ensures that everyone who commits a crime is fairly penalized for their actions, regardless of their county or locality.
Sentencing Guidelines Can Enhance Public Safety
These guidelines play a critical role in ensuring public safety. They propose harsh penalties for severe felonies like kidnapping and murder. If you have a prior conviction for a particular penalty, the guidelines provide a sentencing enhancement guideline to ensure you receive a harsher penalty upon conviction. Having this information in the public domain can help in crime prevention. If you know how long you will likely receive for murder or manslaughter, you will likely control your anger to avoid wasting your life in prison.
They Allow For Managing and Planning Correction Facilities
Since sentencing guidelines allow uniform and predictable penalties for particular offenses, the state can use them to plan its correction resources. By looking at the number of felony convictions a state has recorded within a specific time, experts can predict what will likely happen soon. This helps plan better for an increase or decrease in felony convictions. Remember that most felony convictions result in a lengthy prison sentence. This means the state must prepare well to accommodate felons within the available facilities for years.
Legislators can also use this information to modify these guidelines to ensure they serve the criminal justice system and the state better.
How Judges Use The Sentencing Guidelines
These guidelines include all crimes under the law. Examples are fraud, murder, rape, burglary, attempted murder, robbery, assault, and theft. Your attorney must be able to provide information about your charges beforehand to prepare you for what to expect and inform your decision-making. Reviewing the sentencing guidelines beforehand also helps you plan well for defense. Once you know the possible penalties for the crime you are charged with, you can quickly accept a plea deal or use compelling evidence to obtain a favorable outcome.
When you are charged with a crime in Virginia, you are given a chance to plead to the charges. Depending on your involvement in the crime, you can plead guilty or not guilty. If you plead guilty, the case moves straight to sentencing. The judge sets a hearing date on which they will sentence you to the crime. They will review the sentencing guidelines and consider the specifics of your case to choose the most appropriate sentence for you.
If you enter a not-guilty plea, the case moves to a trial. A jury trial conducts most criminal trials in Virginia. A jury hears your case and reviews the evidence to determine the verdict. If the court convicts you of the crime after a fair trial, your case will move to sentencing. Again, the judge will consider the sentencing guidelines to determine the best penalties for your case’s circumstances and details.
The Preparation of a Sentencing Worksheet
Before the sentencing hearing, the court will give an officer (a probation officer or commonwealth attorney) the task of preparing a sentencing worksheet. The worksheet will be used to read the final verdict during your sentencing hearing. The officer in charge of this worksheet will use the sentencing guidelines and recommendations by the judge or jury to determine the proper sentence for your crime. If you face multiple charges, the worksheet will provide a one-sentence suggestion for all the charges.
When working on your worksheet, the officer will consider various points as specified for your crime under the law. Each crime has specific points or elements, which they will summarize in the worksheet. The number of points your crime receives in the end will determine the gravity of your sentence. Here are examples of elements that will determine the number of points you will receive during sentencing:
The Primary Offense
If you face several related charges, the officer will consider the severity of the primary offense. You will receive more points if the primary crime is grave. Grave or violent felonies are generally given more points than lenient felonies or misdemeanors.
Example: If you face burglary charges, the officer will consider how, when, and why you committed the crime to determine the number of points to award your case. If you used a dangerous weapon and committed the crime at night when the victims were at home, you will likely receive a maximum sentence provided for burglary under the law.
Secondary Offenses
Some crimes carry just a single charge, while others have several charges. It mainly depends on the facts of a crime. The officer working on your sentencing worksheet will determine the nature and gravity of your secondary offenses. In the example above, using a dangerous weapon to commit a grave offense like burglary will likely result in more points. If you face charges for a theft crime and injure one or more of your victims, your primary and secondary charges will be severe, translating to more points.
The Maximum and Minimum Sentences
Remember that sentencing guidelines provide the maximum and minimum sentences for all crimes under the law. The officer preparing your worksheet will consider this when determining your appropriate sentence. The sentence they choose will match the points they received during the case analysis. Some crimes have a mandatory minimum sentence, which a defendant must serve. You could receive an additional sentence to that mandatory sentence based on the details of your case.
The Presence of Aggravating Factors
Some factors will increase your penalties if they are present in your case. These are called aggravating factors. For example, if you commit a crime using a deadly weapon, the deadly weapon aggravates your crime. You will likely receive a harsher penalty than someone committing the same crime without a dangerous weapon. For example, DUI is generally prosecuted as a misdemeanor. If you have prior DUI convictions within a short period or you had a minor in the vehicle when driving while intoxicated, this aggravates your crime.
The officer will consider these aggravating factors when determining a proper penalty for your crime. Different aggravating factors are given various points during sentencing. A person who uses a knife does not receive the same sentence as one who uses a gun to commit a crime.
Your Criminal History
The officer will also consider your criminal background when allocating points to your worksheet to determine your sentence. If you have a history of crime, you will earn more points. The number of points will depend on the nature of your previous convictions. They can be juvenile convictions, infractions, misdemeanors, or felonies. The officer will also consider how long ago you received a prior conviction and the type of sentence you received. Lastly, they will assess your performance while on probation.
Your Current Legal Status
The officer will also consider whether you are currently serving a sentence for a different crime. They will review your conviction record to determine whether you are on probation or parole for a prior offense. This, too, will determine the kind of sentence you will receive for the underlying crime. If you committed the current crime while serving a sentence for another, you will likely earn additional points on your sentencing worksheet.
Once the officer has considered all these factors, they will determine the points you earned in your worksheet. They will use a score grid to determine the recommended sentence for your crime under the sentencing guidelines. Once the officer completes the worksheet, the judge will hold a sentencing hearing to give the final sentencing in your case.
A skilled defense attorney can change the outcome of your case in several ways. They can use their expertise to fight your charges during the trial. This will compel the prosecutor to reduce your charges or the judge to dismiss your charges. Your attorney can also fight the final sentence using evidence or mitigating factors. If the judge gives a harsher penalty than you deserve, your attorney can use their expertise to push for a more lenient sentence.
Judges Do Not Always Follow the Established Sentencing Guidelines
Remember that sentencing guidelines only advise judges but do not mandate them to give a particular sentence after a conviction. This means judges can choose the sentence a defendant deserves based on the details of their case, even if the sentence goes outside the guidelines. The judge can increase or lower the sentence for a particular crime after considering a few factors, including a defendant’s criminal history and the facts of their crime. However, judges rarely go outside the provisions of the sentencing guidelines. When that happens, they must state their reason for making that decision. Thus, most of the sentences given in Virginia are within the set guidelines.
After the establishment of the sentencing guidelines, it is essential for judges to uniformly and consistently issue sentences for common crimes within the state. Although all criminal cases differ, following the same guidelines during sentencing ensures that similar crimes are punished with almost identical sentences. If a judge has a particular reason for issuing a lenient or harsher penalty than the guidelines, they must state their reason in the court documents as per Virginia Code § 19.2-298.01. The Criminal Sentencing Commission can use such information to review the guidelines.
If a judge deviates from the sentencing guidelines and issues you a harsher penalty than you deserve, you cannot use the guidelines as your basis to appeal the matter. If the judge’s decision is valid, the court of appeals can uphold their decision. The best strategy to avoid a severe penalty during sentencing is to use a strong defense during the trial. A skilled criminal defense attorney can use the best defense strategy to compel the court to reduce or dismiss your charges. Then, you will not have to worry about the harsh sentencing outcome.
Here are some of the reasons why the judge can deviate from the Virginia sentencing guidelines:
If You Accept a Plea Deal
Plea deals are pretty standard in the criminal justice system. They occur when a defendant pleads guilty to a less severe offense and accepts the penalty resulting from that plea. Prosecutors suggest or accept plea deals to quickly close cases or when unsure of a case’s outcome. If you enter a plea deal with the prosecutor, you will likely receive a lesser sentence than you would for the original crime.
When You Cooperate With the Police
How you behave during the arrest and crime investigation can determine the sentence the judge will issue during sentencing. A defendant cooperating during all court processes will likely obtain the judge's mercy. For this reason, the judge can give a less severe penalty that slightly deviates from the sentencing guidelines.
You Are Willing to Undergo Rehabilitation
If you demonstrate remorse and are willing and ready to start treatment for your behavior, the judge can be lenient during sentencing. For example, if the judge establishes that you have anger issues or a drug problem, they could be willing to give you a second chance if you show remorse and are eager to undergo treatment.
There are Severe Aggravating Factors in your Case
Aggravating factors will worsen your legal situation and could result in a harsher sentence than what is provided in the sentencing guidelines. For example, even though a charge for trafficking or selling regulated drugs is a severe felony, your charges are graver if you used a minor in your trade. Suppose details of your case show that you willingly and knowingly used children to traffic or sell controlled substances, and you have a prior conviction in your record for the same or a similar crime. In that case, the judge can give an even harsher sentence for the underlying crime.
Find a Competent Criminal Defense Attorney Near Mel
If you face criminal charges in Northern Virginia or the City of Fairfax, it helps to understand the gravity of your charges to prepare for trial. A skilled attorney can help you with that. They can explain your charges and review the Virginia Sentencing Guidelines to determine the likely penalty for your crime. This will help you understand what to expect and the defense you need to avoid a harsh sentence.
At Virginia Criminal Attorney, we can help you understand how the sentencing guidelines work and how you can use them to inform your decision-making. We can also guide you through the complex legal process and build a solid defense against your charges. Call us at 703-718-5533 to learn more about our service and your legal situation.
