Aggravating and mitigating factors help a judge determine how to sentence you for a felony crime.
If you have been convicted of a felony in California, there is likely a range of jail terms that you could be sentenced to depending on the crime. For example, if you are convicted of burglary in the first degree, you could be sentenced to two, four or six years in California state prison. The ultimate sentence that you receive depends on what is known as aggravating and mitigating factors that a judge can consider in determining your felony sentencing.
As an experienced Los Angeles criminal defense attorney will tell you, aggravating factors are those that make a crime worthy of greater punishment. By contrast, mitigating factors are those that make you worthy of leniency — or of receiving less punishment. Typically, your Los Angeles criminal defense attorney will argue that there are mitigating factors present in your case that should result in you receiving a sentence on the lower end of the sentencing range. Depending on the case, the prosecuting attorney may argue that there are aggravating factors.
Aggravating and mitigating factors may be considered as they apply to both the crime itself and to you, the defendant in the case. Aggravating factors are set forth by California Rule of Court 4.421, and include:
- The use of a weapon during the commission of the crime;
- Threatening witnesses
- Stealing or destroying an item of great monetary value;
- The crime was a hate crime (not punished by the hate crime sentencing enhancement);
- The crime involved great violence or bodily harm;
- The defendant was on probation or parole when the crime was committed;
- The defendant has numerous prior convictions;
- The defendant has prior convictions of increasing seriousness; or
- The defendant engaged in violent conduct that indicates that he or she is a danger to society.
These are just some of the factors that a court can consider when determining aggravating factors. It may also consider mitigating factors, as set forth in California Rule of Court 4.423, such as:
- The defendant has no prior criminal record;
- The defendant was suffering from a mental or physical condition that
- significantly reduced culpability for the crime;
- The defendant voluntarily acknowledged wrongdoing for the crime before arrest;
- The victim was the aggressor;
- The defendant mistakenly believed that his or her conduct was legal;
- The defendant used caution to avoid harming people or property; or
- The defendant was motivated by a desire to provide necessities for his or her family.
The court can consider these factors, among others, as potential mitigating factors when deciding a felony sentence.
Depending on the facts of the case, your Los Angeles criminal defense attorney can make a strong argument in favor of a more lenient sentence by arguing that there were mitigating factors present.
If you have been charged with a crime in Los Angeles or the surrounding areas, the professionals at the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation today.
