Criminal Defense: Mitigating Sentencing Factors

By Maynard & Sumner, LLC of Maynard & Sumner, LLC posted in Criminal Defense on Thursday, October 4, 2012.

As your criminal defense lawyers, our primary goal is to provide you with the zealous representation that you are both entitled to under the Constitution and deserve. At the law office of Maynard & Sumner, LLC, we aggressively fight to dismiss or reduce your charges. If you decide to plead guilty to a disorderly persons offense or a crime, we will advocate for the lightest, most reasonable sentence possible. By law, the judge must consider aggravating and mitigating factors when considering whether to impose a sentence of imprisonment. N.J.S.A. 2C:44-1b lists the factors that the court may consider, which includes, but is not limited to:

(1) The defendant’s conduct neither caused nor threatened serious harm;

(2) The defendant did not contemplate that his conduct would cause or threaten serious harm;

(3) The defendant acted under a strong provocation;

(4) There were substantial grounds tending to excuse or justify the defendant’s conduct, though failing to establish a defense;

(5) The victim of the defendant’s conduct induced or facilitated its commission;

(6) The defendant has compensated or will compensate the victim of his conduct for the damage or injury that he sustained, or will participate in a program of community service;

(7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense;

(8) The defendant’s conduct was the result of circumstances unlikely to recur;

(9) The character and attitude of the defendant indicate that he is unlikely to commit another offense;

(10) The defendant is particularly likely to respond affirmatively to probationary treatment;

(11) The imprisonment of the defendant would entail excessive hardship to himself or his dependents;

(12) The willingness of the defendant to cooperate with law enforcement authorities;

(13) The conduct of a youthful defendant was substantially influenced by another person more mature than the defendant.

As your criminal defense attorneys, we will emphasize the mitigating factors. We have obtained a sentence of 5 years probation without imprisonment for a client who was convicted of armed robbery, and 3 years probation without imprisonment for a client who was convicted of solicitation of a minor, possession of child pornography, and child endangerment, just to name a few. If you have been charged with a crime or disorderly persons offense, contact an experienced criminal defense lawyer to ensure you receive the representation you deserve!