What to Expect During Sentencing in a Missouri Criminal Case
Sentencing. The sentencing phase in a Missouri criminal case is one of the final steps in the legal process. If you’ve been convicted or have pleaded guilty, this stage determines the consequences of your conviction, including potential jail time, fines, probation, and more. It is critical to understand what to expect during sentencing and how a skilled defense attorney can help advocate for the best possible outcome.
What Happens at a Sentencing Hearing in Missouri
A sentencing hearing typically takes place a few weeks after a conviction or guilty plea. This delay allows the court to gather additional information, such as a pre-sentence investigation report (PSI). During the hearing, both the prosecution and your defense attorney will have the opportunity to present arguments regarding the appropriate punishment.
Here’s what you can expect during the sentencing process:
1. Pre-Sentence Investigation (PSI)
A PSI is a report prepared by the probation office, providing the judge with detailed information about your background. This report includes:
- Criminal History: Any previous offenses or convictions.
- Personal Information: Your employment history, family background, and mental health status.
- Victim Impact Statement: The victim’s perspective on how the crime has affected them.
- Sentencing Recommendations: Probation officers may provide their recommendations based on the facts of the case and your history.
This report helps the judge make an informed decision about your sentence.
2. Prosecution’s Recommendation
During the sentencing hearing, the prosecutor will present their arguments. This typically includes a recommendation for a specific punishment. They may cite aggravating factors, such as the severity of the crime, any harm caused to the victim, or your criminal record, to argue for a harsher sentence.
3. Defense’s Argument
Your defense attorney will have the opportunity to advocate on your behalf. They will present mitigating factors that could justify a more lenient sentence, such as:
- Lack of prior criminal history.
- Cooperation with law enforcement.
- Participation in counseling or rehabilitation programs.
- The impact a harsh sentence would have on your family or career.
Your attorney may also argue for alternative sentencing options, such as probation or community service, rather than jail time. They may also argue for a Suspended Imposition of Sentence (SIS) or Suspended Execution of Sentence (SES).
4. Defendant’s Statement
You will also have the opportunity to address the court. This is known as an allocution. You can express remorse, explain the circumstances that led to your actions, or discuss your plans for rehabilitation. This statement can sometimes sway the judge to impose a more lenient sentence.
5. The Judge’s Decision
Ultimately, the judge has the final say in your sentence. They will consider the PSI, the prosecution’s recommendations, your defense attorney’s arguments, and any statements you make. The judge will announce your punishment, which could include one or more of the following:
- Incarceration: You may be sentenced to jail or prison, depending on the severity of the crime.
- Probation: In some cases, the judge may impose probation instead of jail time, allowing you to remain in the community under supervision.
- Fines: You may be required to pay fines or restitution to the victim.
- Community Service: The judge could order you to perform community service as part of your sentence.
- Rehabilitation Programs: For certain offenses, such as drug crimes, you may be required to participate in counseling or rehabilitation programs.
Factors That Affect Sentencing
Several factors influence the judge’s decision during sentencing. These include:
- Nature of the Crime: The seriousness of the offense plays a significant role in determining the sentence. Violent crimes and crimes involving harm to others typically result in harsher punishments than non-violent or property crimes.
- Criminal History: If you have prior convictions, especially for similar offenses, you may face a more severe sentence. Prior or persistent offenders are often subject to enhanced penalties under Missouri law.
- Aggravating vs. Mitigating Circumstances: Aggravating factors—such as the use of a weapon, the vulnerability of the victim, or committing the crime while on probation—can lead to a harsher sentence. On the other hand, mitigating factors—such as showing remorse, lack of prior convictions, or cooperating with law enforcement—can result in a lighter sentence.
- Victim Impact Statements: Victims may have the opportunity to speak or submit a statement about how the crime has affected them. While this doesn’t directly determine the sentence, it can influence the judge’s decision.
- Missouri Sentencing Guidelines: Missouri law sets out sentencing guidelines that judges must follow when imposing penalties. These guidelines provide a range of possible sentences based on the type of crime and other relevant factors. However, judges still have some discretion within these guidelines.
Appealing a Sentence
If you believe that your sentence was unjust or that errors were made during your trial or sentencing hearing, you have the right to appeal. An appeal is a request for a higher court to review your case and determine whether the trial court made any legal mistakes. Your attorney can advise you on whether an appeal is appropriate and help guide you through the process.
How Combs Waterkotte’s Missouri Criminal Defense Lawyers Can Help During Sentencing
The sentencing phase is a critical moment in your case, and having an experienced defense attorney can be the difference between freedom and years or even decades behind bars. At Combs Waterkotte, we work tirelessly to protect your rights and ensure that the judge hears all the relevant facts before imposing a sentence. Our attorneys will:
- Advocate for alternative sentencing options, such as probation or community service, when appropriate.
- Present mitigating factors that could lead to a more favorable outcome.
- Help you prepare a strong statement of allocution, allowing you to express your remorse and intentions for rehabilitation.
- Guide you through the appeals process if necessary.
Contact Us for Help with Your Sentencing Hearing
If you’re facing sentencing in a criminal case, don’t leave your future to chance. At Combs Waterkotte, our experienced Missouri criminal defense attorneys are dedicated to fighting for the best possible outcome in your case. We have a deep understanding of Missouri sentencing laws and can help you navigate this difficult process.
Call us today at (314) 900-HELP or contact us online to schedule a free consultation. Let us help protect your rights and your future.
