Sentencing Aggravating and Mitigating Circumstances

by | Oct 16, 2018 | Sentencing

There are many different factors such as aggravating and mitigating circumstances. Factors that can affect ones sentencing time such as mitigating and aggravating factors are defined in the Pennsylvania sentencing guidelines. Mandatory sentencing Mitigating factors can be used to lessen a defendant’s sentence, as these factors will work in their favor, showing that a defendant committed a crime, but may have been acting under the influence of alcohol or drugs. While aggravating factors can work against an accused by allowing the Judge to implement a more severe penalty. An aggravating favor is defined as any fact or circumstance that will increase the severity or culpability of a criminal act. These acts can include a lack of remorse for the act committed, the amount of harm imposed, recidivism, the role of leadership in the crime, and in some states hate crimes. Prosecutors are able to offer these factors as evidence during sentencing and ask the judge to sentence the defendant more harshly as a result of the presence of one of these aggravating factors.

Mitigating factors as opposed to aggravating factors are proposed by defense lawyers at a sentencing in order to tray and decrease the possible penalties issued by the Judge. Drug delivery resulting in death Commonly used mitigating factors include the age of the defendant, their mental capacity, their remorse shown about their actions, such as pleading guilty, confessing to the crime, and whether or not the crime was committed in response to self-defense, the heat of passion, or done by an accident. When you have been charged with a crime and admitted guilt to committing that crime, it is important to know what could be used to work in your favor. Experienced defense attorneys are able to use relevant facts that will support you during sentencing.Contact the experienced Chester County sentencing attorneys at the Bellwoar Kelly, LLP today.

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