Sentencing in Criminal Proceedings – What to Expect and How to Influence the Outcome

Types of sentencing in criminal proceedings

Introduction: the two stages of the criminal proceeding

The criminal proceeding consists of two stages. In the first stage, the defendant's guilt is determined, namely whether they committed the offense. If convicted, the proceeding moves to the second stage: sentencing. The court has broad discretion in determining the sentence, and it takes into account both the circumstances of the offense and the personal circumstances of the defendant.

Community service

Under section 71Aleph of the Penal Law, the court may impose community service during leisure hours and without pay, under the supervision of the Probation Service, and under appropriate conditions also without a conviction. The number of hours is determined in an order, which is generally valid for up to one year and may be extended for special reasons. Breach of the order may lead to its cancellation and to renewed sentencing proceedings under section 71Dalet, including the possibility of imprisonment; when the order was given without a conviction, the court may also convict.

Community court

A unique rehabilitative approach that combines close judicial supervision with an intensive treatment program: support from the Probation Service, addiction treatment, employment integration, and more. A defendant who meets the program's conditions and demonstrates real change may benefit from a significant reduction in punishment.

Financial undertaking to refrain from committing an offense

"Conditional fine" — the defendant undertakes not to commit an offense within a certain period of time. If breached, the amount will be paid to the state treasury. Upon conviction: up to 3 years. Without conviction: up to one year. Usually imposed in addition to other components, unless the proceeding ended without a conviction, in which case it can stand alone.

Monetary fine

• Severity of the offense: up to 6 months of imprisonment; maximum fine: 14,400 NIS
• Severity of the offense: more than 6 months up to one year; maximum fine: 29,200 NIS
• Severity of the offense: more than one year up to 3 years of imprisonment; maximum fine: 75,300 NIS
• Severity of the offense: more than 3 years of imprisonment; maximum fine: 226,000 NIS

Suspended sentence

A prison sentence whose activation is conditional on the commission of an additional offense. The conditional period: between one and three years. A lenient penalty intended to deter future conduct without immediately harming the defendant's liberty.

Community service

An alternative to imprisonment carried out outside prison, in state institutions: nursing homes, hospitals, charitable organizations, and more. Under the supervision of the Prison Service, and failure to comply with the rules may lead to serving the remainder behind bars. Conditions: a positive opinion from the supervisor, a sentence of up to 9 months of imprisonment, and the defendant's consent.

Actual imprisonment

The most severe punishment, deprivation of liberty and serious harm to the defendant and their family. However, under the Parole Law, every prisoner has the right to apply to a parole board and request a reduction of one third of the sentence, subject to the conditions of the law.

Life imprisonment

The most severe punishment, imprisonment for an indefinite period. It is imposed for the most serious murder offenses and certain security offenses. Commutation is possible only in exceptional circumstances, subject to the decision of the President of the State.

Legal representation throughout the entire proceeding

Familiarity with the full range of punishments, from the lightest component to life imprisonment, makes it possible to build a defense strategy aimed at the best possible result. Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents defendants at all stages of the criminal proceeding, from consultation before investigation, through conducting the trial, to the sentencing stage. Contact us for an initial consultation without obligation.

Structuring sentencing discretion

What changed in 2012?

Before Amendment 113 to the Penal Law, sentencing was largely arbitrary; two defendants who committed similar offenses could receive completely different sentences, depending on the judge hearing the case. Amendment 113 changed this fundamentally. It added Section Aleph 1 to the law, "Structuring Judicial Discretion in Sentencing," and created a binding framework according to which every judge must act when imposing a sentence.

The guiding principle established: an appropriate relationship between the severity of the criminal act and the degree of the defendant's guilt, and the type and extent of the sentence to be imposed on him.

Considerations related to the commission of the offense

The court examines the act itself through several parameters: whether there was prior planning; what the defendant's relative part was and to what extent he was influenced by others; the damage actually caused compared with the damage that was expected; the reasons that led to the commission; whether the defendant was capable of understanding the wrongfulness of the act; whether he could have avoided it and the degree of his control; mental distress resulting from the victim's abuse of the defendant; cruelty, violence, and abuse of the victim; and abuse of power or status.

Considerations not directly related to the commission of the offense

In addition to the act itself, the court considers the defendant's personal circumstances: the harm that the conviction and sentence will cause him and his family; taking responsibility and rehabilitation; actions taken to compensate for the damage caused; cooperation with law enforcement authorities; contribution to society and positive conduct; difficult life circumstances that had an impact; the passage of time since the commission of the offense; and a criminal record or its absence.

An important point: denying guilt and conducting a full trial will not be held against the defendant.

The three stages of sentencing

First stage, determining the appropriate sentencing range: the court determines a range of sentences appropriate to the offense and its circumstances, taking into account the social value that was harmed and the sentencing policy customary in similar offenses.

Second stage, determining the specific sentence within the range: according to the defendant's personal circumstances, age, financial situation, taking responsibility, effect on the family, and more.

Third stage, deviation from the range: the court may depart from the established range, downward for reasons of rehabilitation, and upward for the purpose of protecting public safety.

Why is representation at the sentencing stage critical?

Knowing the structure of judicial discretion is not a theoretical matter. A defense attorney who knows it thoroughly understands: which arguments belong to which category; which evidence and documents strengthen each argument; how to organize the argument before the court in a way that materially affects the defendant's placement within the sentencing range; and when it is possible to argue for a downward deviation from the range.

Representation that is not built on a deep understanding of the structuring principle may miss decisive arguments and lead to a more severe sentence than could have been achieved.

Legal representation at the sentencing stage

The sentencing stage is not a formality; it is sometimes the stage at which the fate of years is decided. Israel Arama, a former member of the Tel Aviv District Attorney's Office, has in-depth knowledge of the structuring principle and the way the courts apply it in practice. Focused, evidence-based representation at this stage is what sometimes determines the difference between sentences. Contact us for an initial consultation with no obligation.

Frequently asked questions