After your loved one is convicted of a felony, the next step is sentencing. If he or she reached an agreement with the state and avoided a trial, the sentence length is sometimes part of that agreement. If sentence length isn't included or no agreement was reached, the judge uses a felony sentencing guideline to determine how much time your loved one will serve in prison or on probation. Felony sentencing can range from a one-year sentence to a life sentence and in rare cases a death sentence.

Most courts ask several questions prior to sentencing, including:

• How serious was the crime? Each state assigns a level of seriousness to each type of felony. This protects the person convicted of a non-violent crime, a crime such as writing a bad check for a large amount, from getting the same punishment as someone convicted of a violent crime such as robbery.

• Is this is the first felony conviction your loved one has had since becoming an adult? If so, the sentence could be shorter than it would be for someone who has prior felony convictions.

• Does your loved one have a juvenile record? While most states do not allow juvenile convictions to be brought up during the trial, many states now allow the judge to take that record into account when determining a sentence.

• What does the pre-sentencing report recommend?  If ordered, a pre-sentencing officer will talk with your loved one and ask lots of questions about family support systems, education and background information. In addition, the report might include psychological testing results and juvenile records. The officer uses this information to make a recommendation to the judge about whether to send your loved one to prison or be supervised by a probation officer.

Once these questions are answered, your loved one will be sentenced according to state guidelines. In some states, such as Nevada, the sentence is a range of possible years. A sentence of 1-3 years could mean that at some point after the first year but before the start of the fourth year, a release could be granted from prison or probation. In other states, including Tennessee, the judge must choose a set number of years. For example, a 2-4 year guideline means the judge chooses 2, 3, or 4 years and that is the sentence length.