A suspended sentence is a legal arrangement in criminal law where a judge may partially or entirely suspend the convicted individuals prison or jail sentence so long as they fulfill certain conditions. The judge delays imposing the sentence in order to let the defendant serve time on probation. The term “suspended sentence" can also be called a postponed sentence or delayed sentence. A suspended sentence typically means that a conviction will remain on a person’s criminal record.
Suspended sentences are based on public policy goals of rehabilitating offenders. The true objective of suspended sentencing is to rehabilitate and encourage a convicted defendant to be of good behavior. To accomplish this, it is necessary that good conduct be rewarded. It is important that a defendant knows that good conduct on their part will expedite their complete restoration to society.
Most jurisdictions give judges the discretion to grant or deny suspended sentences in the vast majority of criminal cases. In deciding whether or not to grant a suspended sentence, criminal courts will consider some of the following:
- The defendant’s criminal record and criminal history
- The seriousness of the charges
- Whether the defendant is a flight risk or poses a danger to the community
- Whether the defendant has shown remorse for their actions
- Whether the defendant has cooperated with law enforcement
- Whether the defendant has a support system in place to help them comply with the terms of their probation
It is important to note that a suspended sentence is not the same as a deferred sentence or one that does not result in a guilty conviction. A deferred sentence is where a judge delays entering a conviction and instead places the defendant on probation. If the defendant successfully completes probation, the charges may be dismissed.
