Legal Definitions - fixed sentence

A fixed sentence, also known as a determinate sentence, refers to a specific term of punishment, most commonly incarceration, that is set for a definite and precise period. Unlike an indeterminate sentence, which might specify a range (e.g., "5 to 10 years") and allow for early release based on rehabilitation or parole board decisions, a fixed sentence specifies an exact duration (e.g., "7 years"). The individual is expected to serve that precise term, though some jurisdictions may allow for minor reductions for good behavior or earned time credits.

• Example 1: Mandatory Minimum for a Specific Crime

  A state law mandates a minimum of five years in prison for individuals convicted of certain aggravated assault offenses. If a person is found guilty of such an offense, the judge must impose a sentence of at least five years. For instance, the judge might sentence the individual to "six years in state prison."

  Explanation: This illustrates a fixed sentence because the law dictates a specific, non-negotiable minimum term, and the judge then imposes a precise number of years (six years) that the individual must serve, rather than a flexible range.

• Example 2: Sentence Resulting from a Plea Agreement

  During a plea bargain, a defendant agrees to plead guilty to a felony charge in exchange for the prosecutor's recommendation of a specific sentence, such as "three years in a federal penitentiary." If the judge accepts the plea agreement, the defendant receives exactly three years.

  Explanation: This is a fixed sentence because the agreed-upon punishment is a precise, predetermined duration of three years, rather than a range that could be shortened or lengthened by a parole board.

• Example 3: Standard Sentence for a Minor Offense

  A municipal court often imposes a standard sentence of "30 days in county jail" for repeat convictions of public intoxication. When an individual is found guilty of this specific offense for the third time, the court imposes exactly 30 days.

  Explanation: This demonstrates a fixed sentence because the punishment is a definite, exact period of 30 days, leaving no discretion for a range or early release based on subjective factors beyond standard good time credits.