These factors can be used at sentencing to reduce your sentencing.
If you have been through a California criminal trial and found guilty of a crime, you may believe that all is lost. While it is dispiriting to lose at trial, there is still another step in this initial stage of the process: sentencing. Working with your San Bernardino criminal defense lawyer, you can put together an argument for why you should get a lower sentence.
Sentencing is the phase of the criminal justice process where the court determines what penalties you will receive for your criminal conviction. Under California law, felony offenses come with three options: lower, middle and upper sentencing terms. The court will base its decision on what sentence you receive after reviewing all of the facts of your case, including both aggravating and mitigating factors.
Before you are sentenced, both the prosecution and your San Bernardino criminal defense lawyer will have the chance to make a case for either a lighter or a more severe sentence. Aggravating factors are usually argued by the prosecution in favor of a more harsh sentence. For example, the prosecutor may argue that you have a previous criminal record, that the victim was particularly vulnerable, or that the crime was especially violent, and for those reasons, you should be sentenced at the upper range of the sentencing terms.
Your San Bernardino criminal defense lawyer will also have the opportunity to make an argument to the court, where he or she will present mitigating factors to argue for a lower sentencing term. In a statement of mitigation, your lawyer will explain why you deserve a more lenient sentence, based on the facts and circumstances that are specific to your case.
Mitigating factors can include a number of things, such as:
- Your age (very young or very old);
- You played a small role in the crime;
- You were provoked by the victim or another person;
- You suffer from a history of abuse;
- You are unlikely to repeat the crime;
- You were induced to commit the crime by others;
- You committed no physical harm against others; or
- Your crime was for the purpose of providing life necessities for yourself or others.
Mitigating factors are not excuses for a crime, but are an explanation for why you may have participated in it — and a request for the judge to give you a lighter sentence as a result. The court will expect you to accept responsibility for your actions, and to show remorse.
Having an experienced San Bernardino criminal defense lawyer is critical to putting together a well-crafted statement of mitigation. A knowledgeable attorney will understand the type of statement that a court will accept, and will work hard to ensure that your statement of mitigation is drafted to maximize your chances of a more lenient sentence.
At the Chambers Law Firm, we represent clients throughout each stage of the criminal process, from the arrest through sentencing and appeal. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
