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After pleading or being found guilty, a defendant will face the sentencing phase. Sentencing is when the judge will decide the consequences to be imposed. This page will address questions a victim of domestic violence may have about sentencing.
When does sentencing occur?
Sentencing most often occurs immediately after a defendant pleads guilty or is found guilty at trial, but a judge may reset the sentencing to another date.
What are my rights as a victim regarding sentencing?
- One of the most important rights you have is to let the court know, at sentencing, how the crime has affected you and your family.
- A Victim Impact Statement helps to ensure you are heard; this is especially important because a defendant plead guilty and be sentenced at any court setting.
- You will receive notice of the sentencing is reset if you have invoked your rights.
What if I have out-of-pocket costs because of what the defendant did?
- If the defendant is convicted you may be eligible for restitution if you incurred unreimbursed expenses due to the defendant’s actions.
- The judge determines if restitution is to be paid and the amount awarded. Click here for the Restitution Request Form and to learn more about restitution.
Can my advocate or someone else be with me at sentencing?
- Your victim advocate can accompany you to sentencing.
- You may bring friends or family members to sentencing for support.
- Click here to email victim services or call 602-261-8192 to ask for your advocate to escort you to sentencing.
When deciding what sentence to impose, a judge will consider many factors.
- Statements or requests made by the victim;
- The prosecutor’s recommendations;
- Prior convictions or other aggravating factors;
- The defense recommendation;
- The Defendant’s statements;
- The facts of the case.
Sentence Ranges and Terms:
- Domestic Violence Counseling is mandatory for domestic violence convictions.
- Restitution may be requested in any case where there is a financial loss as a result of the offense.
- In every case, the judge can impose other sentencing conditions that he or she deems to be appropriate, such as alcohol classes, community service, parenting classes, or other terms.
Class 1 Misdemeanor:
- 0-3 years unsupervised probation
- 0-$2,500 fine
- 0-180 days jail
Class 2 Misdemeanor:
- 0-2 years unsupervised probation
- 0-$750 fine
- 0-120 days jail
Class 3 Misdemeanor:
- 0-1 year unsupervised probation
- 0-$500 fine
- 0-30 days jail