What Is The Going Rate In Criminal Justice And How Can It Affect Sentencing
What is “going rate”?
The going rate is the fine or length of prison stay the courtroom workgroup has agreed on. The courtroom workgroup is composed of the criminal prosecutor, the criminal defense attorney, and an officer of the court which is usually a judicial officer.
The going rate is the agreed-upon punishment for the crime the convicted has done by both sides' attorneys. The going rate is the usual or foreseeable fines or length of punishment for convicted felons or criminals who broke criminal law.
It is usually the minimum mandatory sentence for singular crimes but complex and layered crimes usually do not qualify for this going rate. Remember that the going rates for criminal justice are in no way assured meaning convicted criminals may not always get the going rates that are proposed.
The going rates proposed may not end up being the punishment since plea bargains may come into play before the sentencing. Also, there may be new evidence that will come to light that may expound the crime committed.
Lastly, if the accused does not show remorse of any kind to the crime he has committed the judge may see this as a sign of a not guilty plea bargain and may add to the originally supposed sentence of the accused. Since the going rates are not made known to the public, going rates are usually determined by consistency and predictability. Predictability of the defense is one important factor for determining the going rate, if the prosecutor feels that the defendant will not plea, he or she may add to the going rate sentence in the hopes to convince the defense to plead guilty to the charge.
The going rate for criminal justice
Below are the usual going rates for criminal justice. Most of these are just minimum sentences for the crimes committed but are a good guideline to grasp how going rates are decided on by the criminal prosecutor and the criminal defense attorney.
Please bear in mind that the going rates are in no way final and fixed. The going may be less if the defendants plead guilty or have shown remorse to the judge and maybe more if the opposite occurred. And, criminal defense lawyers in Sacramento warrants their clients to help reduce ongoing criminal justice rates. The going rates differ as situations develop but this is a good starting place to understand the going rates for criminal justice.
Keep in mind that this is only true for singular crimes committed. The complex and layered and multiple crimes consequently committed may warrant a much longer going rate. Also, repeat offenders warrant longer sentences as the initial going rate.
- Capital felonies are felonies of the heaviest scale. These include felonies such as murder (in any degree), large scale arson, large scale manufacturing of controlled substance, large scale syndicated estafa, involvement in a crime family, large scale drug trafficking, armed kidnapping, and some less than capital felonies but resulted in a murder of someone or a sexual crime was committed in the process of committing the less than a capital felony. This may also include crimes that transcend state lines, an example of which is high-level treason. Another example is when escaped convicts try to elude the police; they would often try to cross state lines in an effort to hide. When a case crosses state lines, the case becomes a federal case, therefore, becomes a capital felony.
- The going rate for a capital felony is usually is capital punishment, which depending on the state can mean imprisonment for life without the possibility of parole or execution. Although, again, if the defendant strikes a deal with the prosecuting team, the going rate would considerably be shorter depending on the going rate that the prosecuting team and the defense team would agree on.
Class A felonies
- Class A felonies include but are not limited to: Aggravated sexual assault of a minor, assault of a pregnant woman leading to termination of pregnancy, Kidnapping in the first degree, Kidnapping in the first degree with a firearm, forcing a minor to perform sexual acts in front a camera and home invasion.
- The going rate for Class A felonies usually ranges from 1-year imprisonment in a federal prison up to 25 years imprisonment for the graver offenses on the list.
Class A or B felonies
- Class A or B felonies are dependent on the circumstances surrounding the crime committed. These include sexual assault in the first degree; classification will depend on the conduct caught with and the victim’s age. Class A or B also includes aggravated sexual assault, which again, classification of which will depend on the conduct caught with and the age of the victim
- Class A or B going rates will range from 2 to 25 years of imprisonment in federal prison.
Class B felonies
- Class B felonies include injury or risk of injury to a minor, manslaughter in the first degree with a firearm, assault in the first degree, assault in the first degree of the elderly, disabled, pregnant, or mentally challenged person, and enticing a minor. Class B felonies also include kidnapping in the second degree with our without a firearm, burglary in the first degree with an explosive, robbery in the first degree with a deadly weapon, possessing and importing child pornography, and computer crime with the intent to further terrorism.
- Class B felony’s going rate ranges from 9 months to 6 years depending on the severity of the crime.
Class B or C felonies
- Class B or C felonies are dependent on the circumstances surrounding the crime committed. These include sexual assault in the second degree and sexual assault in the third degree with a firearm
- Class B or C felony's going rates range from 9 months to two years imprisonment in federal prison.
Class C felonies
- Class C felonies include selling or transporting assault weapons, manslaughter in the second degree with a firearm, burglary in the second degree with a firearm, hindering prosecution in the first degree, possessing child pornography in the second degree, contaminating food and water sources for terrorism.
- Class C felony's going rates are usually 1 year to 6 years imprisonment in federal prison depending on the scale of crime committed.
Class D felonies
- Class D felonies include eluding or evading police force with ill intent, illegal sale of handguns, illegal possession of an assault rifle, assault in the second degree with a firearm, assault or larceny of the elderly, blind, disabled, pregnant, or mentally challenged person in the second degree with a firearm, burglary in the third degree with a firearm, possession of child pornography in the third degree, and illegal use of electronic defense weapon.
- Class D felony's going rate ranges from 1 year to 3 years imprisonment in federal prison.
Class A misdemeanors
- Class A misdemeanors include assault in the first degree with a weapon resulting in physical injury, assault of the elderly, blind, disabled, pregnant, and mentally challenged person.
- Class A misdemeanors going rate is one-year imprisonment in federal prison.
Class B to C misdemeanors
- Class B to C misdemeanors include operating a motor vehicle without a license, driving under the influence of alcohol, operating a motor vehicle with no registration, manufacture, and sale of heroin, methadone, or methamphetamine by a non-dependent person, manufacture and sale of narcotics, hallucinogen or marijuana by a non-dependent person, sale of drugs, possession of a controlled substance, carrying firearms without a permit, and carjacking
- Class B to C misdemeanors going rate is 2 days for misdemeanors that resulted in nothing but inconvenience and 8 years for those with ill intent or those that are resulted to direct repercussions to Class A, B, or C felonies.
· In every case that is heard in US courtrooms, an informal workgroup is formed. This courtroom workgroup decides on the going rate for the punishment of the accused.
· The going rate for criminal justice is the agreed-upon punishment for the crime committed by the accused.
· The deciding committee for the going rate of punishment is composed of the criminal prosecutor, criminal defense attorney, and a judicial officer of the courtroom.
· The going rate is not made known to the public, only the accused's party, the prosecuting party, and the judge are made aware of the current going rate of the punishment for the committed crime.
· The going rate is not final and is subject to extenuating or strengthening factors to the case. This may shorten or lengthen the going rate.
· The going rate is also dependent on the plea bargain of the accused and the showing of remorse by the accused.
· The going rate would initially start at the mandatory minimum sentence of the crime committed by the accused. This is for singular crimes committed but the complex and layered offense may start the going rate with much longer sentences. Also, repeat offenders are also subject to longer punishment as the going rate.