Beverly Hills Sentencing Lawyer

Beverly Hills Sentencing Attorney

Many people associate sentencing hearings with packed courtrooms before a judge renders a sentence to an anxious defendant. While some cases may end with formal sentencing, the reality is often different. Plea bargain agreements resolve most criminal cases, so defendants often know what their sentence will be beforehand. If you are facing criminal charges, your Beverly Hills sentencing lawyer could guide you to a favorable settlement.

What Happens at a Sentencing Hearing?

Following a plea of guilty or a jury verdict of guilty, a judge will render a sentence on the defendant. The prosecution will likely argue for a harsh sentence. If you do not have an attorney to defend you, you may be at a significant disadvantage. If your attorney is present, they can argue for a lenient sentence. After hearing both sides, the judge will render an order based on sentencing guidelines set out by the state.

A sentence for healthcare fraud or another crime could include any number of penalties. Fines, community service, probation, jail time, and orders to pay restitution to victims are some of the more common penalties that a judge can order.

Factors the Judge Will Consider During Sentencing

One of the top factors a judge will consider when issuing a sentence is the severity of the crime and the criminal history of the defendant. Being convicted of a violent crime often comes with serious penalties. First-time offenders are often given a more lenient sentence than repeat offenders.

In some cases, there are mandatory sentences for certain crimes. Anyone found guilty of committing two serious felonies will face a mandatory 25-year minimum sentence if they are found guilty of a third serious felony under the state’s three strikes law.

The prosecution and defense will likely focus on different areas when making their arguments during a sentencing hearing. Prosecutors may argue:

• Past criminal convictions deserve a harsh sentence.
• Victim statements should be considered.
• The defendant is a danger to the public.
• The severity of the crime necessitates a serious punishment.

Your defense attorney may focus on different factors when arguing that you deserve leniency. These may include:

• Statements about your mental health.
• Past events like a traumatic childhood that led the defendant to become a troubled youth.
• Character statements supporting your moral character.
• Readings or references to the defendant’s statements of remorse.

Having an experienced sentencing hearing attorney by your side can make the difference between leniency and a life-changing sentence. An experienced defense attorney in Beverly Hills can focus the judge on the parts of your case and personal life that matter most when arguing for a lenient sentence.

What Are Some Alternatives to a Sentencing Hearing?

In California and across the country, most cases are resolved through plea bargaining. By taking a plea deal, you can often reduce the worst-case scenario to a manageable punishment. For many defendants, staying out of jail or prison is a top priority. One way your lawyer can avoid an unpredictable sentencing hearing is by gathering evidence and making a strong case that your actions do not deserve severe punishment.

Depending on the facts of your case and your attorney’s experience negotiating with prosecutors, you may be given a reduced sentence or even lowered criminal charges. Going from a felony to a misdemeanor charge could have positive implications for your personal and professional life.

Another way that your attorney can help you avoid a sentencing hearing is by researching and investigating your case to show prosecutors or a judge that you did not commit the white collar crime or another type of crime that you are charged with. That can lead to the charges being dropped. If the case goes to trial, your lawyer can work to convince a jury that you did not commit the crime that you are charged with.

FAQs

Q: How Much Does a Criminal Lawyer Cost in California?

A: Criminal defense attorneys work on flat fees and/or an hourly billing system. If your lawyer asks for a flat fee, the amount will be based on how much time and how many resources your defense is expected to take. A misdemeanor would likely have a lower flat fee than a felony.

Under the billable hour system, the attorney usually asks for a retainer that is debited based on the number of hours worked. Always make sure you understand your attorney’s billing policy before you hire them.

Q: What Is Alternative Sentencing?

A: Alternative sentencing generally refers to any form of punishment that doesn’t involve jailing or imprisonment. Probation, community service, and fines are three common forms of alternative sentencing. This form of punishment is generally offered to defendants who are first-time offenders or who committed nonviolent crimes. One job of a defense attorney is to seek alternative sentencing options for their clients.

Q: Do Criminal Defendants Have to Have an Attorney?

A: Anyone who is facing a criminal charge has a constitutional right to an attorney. They also have a right to defend themselves in court if they choose to. Going pro se may be the more affordable option, but few non-lawyers understand criminal law and court procedures. Any missed filing or misstep in court could lead to a poor defense and have dire consequences.

Q: Does An Expensive Lawyer Make a Difference?

A: While hiring an expensive lawyer may sound like a great idea, it is more important to research which lawyers have a solid reputation and proven track record of successfully defending clients who have had cases similar to yours. Successful attorneys are more likely to charge higher hourly rates, but whether a lawyer is expensive may not be the appropriate indicator of quality.

Schedule Your Criminal Sentencing Defense Lawyer Consultation Today

The moments leading up to sentencing can be nerve-wracking. While some criminal cases inevitably end up with a judge rendering a sentence, many criminal cases have far more predictable outcomes. The attorneys with Law Offices of Marc S. Nurik can work to reduce the potential sentence you may be facing.

Whether through a favorable plea bargain agreement or outright exoneration, our lawyers can fight for a favorable outcome to your case. The first step is to develop a strategy that works toward achieving your goals. To schedule your criminal defense consultation, contact our office today.