A conviction is the finding by a court of law that you are guilty of committing a crime. A conviction can follow a plea in which you admit to the crime, a jury trial in which the jury returns a verdict of guilty or a trial by judge in which the judge decides the defendant is guilty. A conviction may lead to various punishments, including prison, supervised release/probation, community service, fines and restitution. Convictions can also lead to other consequences called collateral effects, which can impact your life in many different ways. Visit Collateral Consequences to learn more about these effects.
To convict someone of a crime, the prosecutor must prove all the elements of the crime beyond a reasonable doubt. This means that they must produce witnesses, physical evidence, and other evidence to convince the jury that the defendant committed the felony or misdemeanor charged in the case. If the jury believes that the prosecutor has proved their case beyond a reasonable doubt, they will return a verdict of guilty.
During the sentencing hearing, the judge will look at a number of factors to determine what the sentence should be. These include the defendant’s criminal history, the severity of the crime and the facts of the case. Judges are also required to consider the Federal Sentencing Guidelines, which provide a suggested sentencing range for every case. However, since the Supreme Court case of Booker rendered these guidelines merely advisory, judges are free to impose sentences below, within, or above the guideline range.