Steps before the sentencing date
For many assault cases, especially felonies, the court orders a presentence investigation by the probation department. That involves an interview with you, a review of your record, and often input from the complainant, and the resulting report goes to the judge and both sides. The defense can submit its own sentencing memorandum and supporting material, and can respond to errors in the report. In misdemeanor cases the process may be shorter, and sometimes the sentence is set on the day of the plea. Knowing which process applies helps you plan.
What the court tends to consider
Judges look at the offense of conviction, the injury, the circumstances, your record, and your life apart from the case. Victims may give a statement at sentencing, in writing or in person. Sentences in assault cases can include programs such as anger management or a domestic violence intervention program, orders of protection, restitution, community service, probation, or custody, depending on what the law permits for that offense. Completing a program or treatment before sentencing can sometimes be presented to the court, if your lawyer advises it. The sentence negotiated as part of a plea usually sets the frame, but the judge still has to approve it.
Getting ready
Gather proof of employment, schooling, caregiving responsibilities, treatment, and community involvement. Ask people who know you well to write letters, and make sure they understand the conviction so the letters are credible. Prepare with your lawyer for the presentence interview, because what you say about the incident will appear in the report. Be on time and follow all orders before sentencing, since new problems can change the outcome. Before the date, we review the report, prepare the mitigation package, and walk through what you might say if you choose to speak to the court.
