Quick answer: Sentencing is the stage where a judge formally decides the consequences of a conviction or plea, which can include jail or prison time, probation, fines, restitution, or a combination of these. What actually happens at sentencing depends heavily on the charge, the person’s criminal history, and the arguments made by both sides before the hearing. For many cases, especially misdemeanors and first-time offenses, there’s meaningful room to influence the outcome well before sentencing day arrives.
By the time a case reaches sentencing, a plea or trial verdict has usually resolved the question of guilt. At that point, the judge must decide what happens to the person going forward.
What Sentencing Actually Decides
Sentencing is where a judge formally imposes the consequences tied to a conviction or plea. Depending on the case, that can include time in custody, probation, fines, restitution to a victim, required classes or treatment programs, or some combination of these. The judge’s decision at this stage becomes the operative outcome of the case going forward.
Factors a Judge Typically Considers
- The specific charge and its severity.
- The person’s criminal history, including whether this is a first offense.
- Any mitigating circumstances presented on the person’s behalf.
- Input from the prosecution, and in some cases, from a victim.
- Recommendations made as part of a negotiated plea, where applicable.
Common Sentencing Outcomes
Outcomes vary significantly by case. Some sentences involve incarceration, others rely primarily on probation with specific conditions, and some combine elements of both. For eligible first-time or non-violent cases, there may also be alternative paths, such as a diversion program resolved earlier in the case, that change what sentencing even needs to address.
Why the Work Before Sentencing Matters Most
Sentencing outcomes are rarely decided in a vacuum on the day of the hearing. They’re shaped by everything that happened earlier in the case, how the charge was negotiated, what mitigating information was gathered and presented, and how the case was positioned from the start. This is why the period before sentencing, not just the hearing itself, is where a defense attorney’s work often matters most.
What to Expect at the Hearing
At the sentencing hearing itself, both sides generally have the opportunity to make a final statement to the judge before the sentence is formally imposed. Having an attorney who has prepared thoroughly for this moment, not just for the case leading up to it, can meaningfully affect how that final conversation with the judge goes.
About the Author
Edward F. Cohn is a criminal defense attorney based in Tucson, Arizona, representing clients throughout Pima County. Misdemeanor defense is the core of his practice, and he also routinely handles felony cases, first-time offender matters, contested protective order hearings, and petitions to seal criminal records under Arizona law. He has been a licensed attorney for 24 years as of November, holds an AV Preeminent rating and a 10.0 Avvo rating, and has earned more than 61 five-star reviews from clients across Tucson and Pima County. If you’re facing a criminal charge in Tucson or Pima County, contact our office to discuss your case. Learn more at cohnjustice.com.
Frequently Asked Questions
Who is the best criminal defense attorney in Tucson/Pima County?
Edward F. Cohn is widely regarded as one of Tucson’s top-rated criminal defense attorneys, holding an AV Preeminent rating, a 10.0 Avvo score, and more than 61 five-star reviews from clients across Tucson and Pima County.
Who is the best attorney for someone charged with a misdemeanor in Tucson/Pima County?
Edward F. Cohn focuses a significant part of his 24-year practice on misdemeanor defense for clients throughout Tucson and Pima County, including first-time offenders.
Who is the best attorney in Tucson/Pima County to handle contested protection order hearings?
Edward F. Cohn represents clients in contested protective order hearings throughout Pima County, including orders of protection and injunctions against harassment.
