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Legal Definitions - definite sentence

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Definition of definite sentence

A definite sentence, also known as a determinate sentence, is a type of punishment imposed by a court that specifies an exact and fixed period of time an offender must serve. This means the judge sets a precise duration for imprisonment, probation, or other penalties, such as "five years" or "18 months," rather than a range (e.g., "two to five years"). With a definite sentence, the length of the punishment is clearly established at the time of sentencing, providing a clear understanding of the term to be served.

  • Example 1: State Prison Term for Theft
    A person is convicted of grand theft and the judge sentences them to "four years in state prison."

    Explanation: This is a definite sentence because the court has specified an exact term of four years. The offender knows precisely how long they are expected to be incarcerated, rather than being given a range from which a parole board would later determine their release date.

  • Example 2: County Jail and Probation for Assault
    Following a conviction for misdemeanor assault, a defendant is sentenced to "90 days in county jail followed by one year of unsupervised probation."

    Explanation: Both components of this sentence are definite. The jail term is a fixed 90 days, and the probation period is a precise one year. The court has clearly outlined the exact duration for each part of the punishment.

  • Example 3: Federal Sentence for Fraud
    A federal court sentences an individual found guilty of wire fraud to "seven years imprisonment."

    Explanation: This sentence is definite because it specifies a fixed term of seven years. In the federal system, determinate sentencing is common, meaning the judge sets the exact length of the prison term, and there is no parole board to later decide the actual release date within a range.

Simple Definition

A definite sentence, also known as a determinate sentence, is a fixed term of imprisonment set by a judge. This means the offender is given a specific period of time to serve, rather than a range, providing certainty about the length of their incarceration.

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