08/05/2026
FACTS ABOUT SENTENCING
The goal of our posts on sentencing is to be transparent about what is happening in the office, but also to show the consequences of the crimes in our county to discourage individuals from making similar decisions.
This often leads to debates and some anger in the comments; however, it is important to understand what all leads to a sentence. There are two ways in which Defendants are sentenced: either by an agreed plea or by a sentencing hearing.
If it is by plea, that means the State made an offer, and after some negotiation the parties came to an agreement, and ultimately the Judge accepted the agreed plea.
A sentencing hearing happens after an open or blind plea, which means the parties could not reach an agreement, or after a guilty verdict after a bench or jury trial.
All sentences must fall within the range for each specific misdemeanor or felony classification; classifications and ranges are set by the legislature. See the attached graphic for sentencing ranges. That is why we try to indicate in the post what the classification of each charge is. Some charges carry special sentencing ranges; those too are often in the posts.
During the sentencing hearing, the State and the Defendant are entitled to submit evidence in aggravation and/or mitigation. The judge then imposes a sentence based on the facts of the case, severity and nature of the offense, the factors in mitigation and aggravation, and the statement of allocution of the Defendant.
So when determining sentences that are imposed, no two cases can be compared equally, as many factors are considered. Finally, ultimately it was the legislature that determined the length of possible sentences for all crimes. Hence why a Class X drug crime carries a longer sentence than a Class 3 Indecent Solicitation of a Child.
Hopefully this gives more clarity on how sentencing works.