In general, sentences are handed down based on two factors: the sentencing guidelines, and existing precedent. The guidelines are created and updated by the U.S. Sentencing Commission and measure a variety of factors to create recommended sentencing brackets that judges may then consider. The second factor that impacts the sentence a defendant receives is the precedent established by previous sentencing by other relevant courts. If a defendant has similar circumstances to another case in the same court, then the defendant’s sentence will be impacted by this similar case.

Determinate sentencing gives the defendant a set amount of time in prison. For example, a determinate sentence would be 5 years of jail time. By contrast indeterminate sentencing hands down a range of time such as “25 to life.” Defendants sentenced to an indeterminate period must serve the minimum period of time but after that period a parole board will evaluate if the defendant should be released. Both determinate and indeterminate sentences can be reduced by mitigating factors such as good behavior or work release.

The sentencing guidelines are only the start of a judge’s ability to determine what penalties should apply to a defendant. Within the sentencing guidelines are a number of mitigating factors that can reduce the recommended sentence a defendant receives such as a lack of a criminal record.

According to the U.S. Sentencing Commission, there are a few categories of crimes that carry mandatory minimum sentences. These categories include drug offenses, identity theft offenses, and sex abuse offenses. 

If a defendant feels that their sentence was unfairly handed down, then they may appeal their sentence. In order to qualify for an appeal, it must be demonstrated that in some way that the judge misapplied or ignored the sentencing guidelines.