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typical felony law describes the maximum sentence for the underlying offense. For example, the DC criminal law, the aggravated assault charge carries a maximum penalty of ten years in prison, as well as fined $ 10,000. But just because it is the maximum sentence, all is not lost upon conviction. There are strategies to help reduce the prison, or even reduce it to time already served. Criminal Lawyers want to research the below methods are available in their respective jurisdictions

Pre-sentence Investigation :.

Often times, when the court set sentencing date, it will also order a pre-sentence investigation (PSI), normally to be carried out by a probation officer. The main purpose of PSI is to help the court decide on the appropriate punishment for a criminal defendant. Ah, the report will also help frame the issues for the court to consider the sentencing hearing.

researcher usually gets information by interviewing the appropriate third party and the defendant, and review documents. Typical third parties are victim, accused family and friends, employers, school staff, doctors and therapists. Sometimes the probation officer will talk about criminal lawyer of the defendant, police officers or investigators. Data may include court file, any plea agreement, criminal history, academic records, medical records and other investigator deems relevant.

The PSI offers various opportunities for the defendant. . It is important for the defendant and the criminal lawyer full cooperation during the PSI, the more the court will place great weight on the report form

Sentencing Guidelines

Most jurisdictions employ some kind of guidelines in order to reduce sentencing disparities in criminal cases. Though guidelines generally determine sentences based primarily on implementation in connection with the offense and the criminal history of the defendant, deviations from guidelines may, in cases where extenuating circumstances. The most prominent basis for departure is already assembled a substantial assistance to the authorities; However, there are many others. Criminal lawyer should investigate any good faith argument for passing below the limits phrase

third party declarations :.

sworn statements, letters or even the testimony of third parties on sentencing hearing can be useful to the defendant. Usually family members and close friends provide the best third party statements, because they both know the defendant best and are most likely to make positive statements

Allocution :.

Everything comes together at the sentencing hearing, at the time of the accused and his criminal attorney will have the opportunity to allocution. Some jurisdictions hold that this absolute right and sentence be overturned in his absence. Allocution is sometimes used when a defendant pleads guilty to a crime in exchange for a reduced sentence. Literally meaning “to speak out formally,” this is an opportunity to employ PSI report sentencing guidelines and third party statements, to craft a convincing argument for sentence.

Conclusion

While the above are mainly used in felony cases are situations where the same will apply to the misdemeanor charge (think repeat DUI, for example). Ideally, the lawyer will have discussions with the defense of all these methods for trial. Therefore, if the jury returns a guilty verdict, the defendant acts accordingly and not dig a deeper hole to climb out of.