Sex Crimes Sentencing Guidelines

Judges, prosecutors, defense attorneys, and probation officers all use a statutory structure or scheme to determine the range within which a sentence should fall. The  sentencing guidelines are modeled after the Federal sentencing guidelines. While the sentencing guidelines are no longer mandatory, they are still highly persuasive.






Sentencing guidelines for criminal sexual conduct only refer to the minimum sentence, while the maximum penalty is set forth by the criminal statute as set forth above. So, when a judge says sentencing is 18 months to five years, the 18 months might be from the guidelines whereas the 5 years is from the criminal statute.




The Sentencing Guidelines are calculated based upon the individual defendant’s criminal history, called Prior Record Variables, and based on the specific facts of the case, called Offense Variables.  Once these variables are scored, which means assigned numbers, then a sentencing grid is used to calculate the guideline range. These grids are similar to the multiplication grids or times tables used to help youngsters learn multiplication. 




There is more than one sentencing grid, and different crimes use different grids. Criminal Sexual Conduct cases are categorized as a Crime Against a Person and after calculating the PRV and OV for a Crime Against a Person, the guidelines range is calculated using this Grid, and in this way, the judge determines what might be a reasonable and appropriate sentence.




If there is a guilty plea, or no contest plea, or conviction to any criminal sexual conduct offense, then it is imperative that your attorney is well versed in understanding, researching, and litigating the legal issues within the Sentencing Guidelines. There are many variables that might apply and more than one way to calculate the guideline range. Consequently, it’s important to hire a lawyer with experience limiting and lowering the Guidelines because this will reduce your potential jail/prison exposure.




In most cases and jurisdictions, it is common for the Judge to order a minimum sentence consistent with the guidelines. However, as indicated, the guidelines are no longer mandatory. If good cause exists a Judge may deviate or order a ‘downward departure’ from the guidelines. 



Similar to achieving a more favorable guideline calculation, this downward departure is accomplished through zealous and persuasive advocacy by your experience criminal sex crimes attorney prior to and at the time of sentencing. Call right away to get started.

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