How is an individual sentenced if found guilty of a crime?
Virginia has adopted a statewide system of guidelines for sentencing in criminal cases. These sentencing guidelines were adopted to try and create uniformity in sentencing throughout the state. The guidelines compute a range of sentencing based upon the nature of the offense involved, the individual’s past criminal record, and other pertinent factors. Although the court must review the guidelines for those offenses covered by the guidelines, the court has the discretion to sentence an individual differently in exceptional cases. It may be a more severe or lenient sentence. If an individual is convicted after a jury trial, the sentencing guidelines are not used. The jury is allowed to recommend punishment without the benefit or restrictions of the guidelines. The judge has the authority to review the jury recommendation, and sentence the convicted individual differently, although that is rarely done. Whether a judge or a jury is determining a sentence, the attorney for the defendant pla
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