For a crime to be considered a felony it must involve violence. It is generally more serious than a misdemeanor and the punishment is imprisonment and, in some cases, death. If you have been arrested and charged with a felony you are probably wondering what will happen during the sentencing. Here is what you need to know.
At this time, the judge will review the pre-sentence report which has been prepared by the probation officer. Arguments will be presented by both sides and, in some instances, even from the victim.
It is not the jury but a judge who will decide your sentence. However, you should know that in a case in which significant incarceration is a distinct possibility, the judge might take some days or weeks to impose the sentence. If that is your case, you will be required to attend a separate sentencing hearing.
No, it doesn’t. Generally, the judge takes only a few minutes to issue the sentence. Particularly if the sentence can be rubber-stamped after it was agreed to during plea negotiations. The only times when the sentencing takes longer is when the judge possesses the authority to order a long jail term.
According to leading criminal defense lawyers in Atlanta, it the attorney has been able to strike a plea bargain with the prosecutor in advance, the entire process hardly takes a couple of minutes. Yet, in cases where there has been no plea bargain struck in advance, the sentencing can go on for a couple of hours as the judge reads the same out.
The probation department prepares a presentence report. In it they include:
After that document is read, both the defense and prosecution have an opportunity to argue for or against the probation officer’s recommendations as well as for or against the facts on which their recommendations are based.
In Florida, if you commit a felony, life felony, or capital felony, if they resulted in death, there is no statute of limitations. First degree felonies have a 4-year statute of limitations and other felonies have a 3-year one.
If you are waiting for your sentencing hearing and worried about what punishment you will receive, don’t wait any longer and get the legal help you needfelony