The trial is over and the outcome isn’t exactly what you’re hoping for. The court issued a guilty verdict and you’re not sure what comes next. You’re heading to sentencing and it can be scary. Suddenly, your future’s in someone else’s hands. 

Before you start saying a bunch of long goodbyes in anticipation of a long prison stretch, some aggravating factors may come into play. These are factors that help determine your sentencing, and you may luck out. Here’s a look at some common aggravating circumstances examples that can impact penalties in California criminal cases.

Potential Aggravating Factors in Criminal Cases

When it’s time for sentencing after a criminal conviction, The Golden State gives judges some leeway. Sure, there are sentencing guidelines but judges aren’t limited to sticking with the maximum sentence. They have a little wiggle room and this can make a huge difference in the severity of your punishment. 

The Golden State looks at Rule JCR 4.421 for some guidance. This rule covers the potential aggravating factors that help determine your punishment.

Prior Convictions

A defendant with multiple prior convictions may face harsher penalties imposed by a court after a successful conviction. California has what’s known as the Three Strikes law. This rule can turn a relatively minor offense into a serious charge if the defendant has a record of more than two prior convictions.

Sophistication and Leadership Roles

A court can consider an offense aggravated if the defendant played a prominent role in the crime, such as a leadership role. The jurisdiction in California allows courts to consider such roles as an aggravating factor. The court can also impose harsher penalties if a defendant is involved in a high degree of planning.

Vulnerability of the Victim

A California court can impose harsher penalties if the defendant’s victim is determined to have been vulnerable. A victim may be vulnerable either in relation to the defendant or according to an objective standard. For example, a crime of violence or fraudulent schemes against the elderly or children is considered an aggravating factor.

Weapons

Using or having dangerous weaponry during an offense can be considered an aggravating factor. If the defendant was armed with a rifle when committing a crime, they are likely to face more severe charges and penalties.

Hate Crime

Another aggravating crime factor under the California penal code is when the crime was targeted to victims based on their perceived or actual race, religion, sexual orientation, color, sex, age, disability, or national origin. 

California law allows sentence enhancement if the court determines that the defendant was motivated by animus or bias towards a particular group of people.

Mitigating Factors Can Also Impact Your Potential Penalties

Sometimes, judges feel the mitigating factors in your case outweigh any potential aggravating ones. This is good news when it’s time for sentencing. Under California Rule 4.423, you may be able to scoot out from a potentially harsh punishment if any of the following applies:

• You were a passive participant or played a minor role in the crime
• The victim was an initiator of, willing participant in, or aggressor or provoker of the incident
• The crime was committed because of an unusual circumstance, such as great provocation, that is unlikely to recur
• You participated in the crime under circumstances of coercion or duress, or your criminal conduct was partially excusable for some other reason not amounting to a defense
• You, with no apparent predisposition to do so, were induced by others to participate in the crime
• You exercised caution to avoid harm to persons or damage to property, or the amounts of money or property taken were deliberately small, or no harm was done or threatened against the victim
• You believed that you had a claim or right to the property taken, or for other reasons mistakenly believed that your conduct was legal
• You were motivated by a desire to provide necessities for your family or self

If you’re the victim of domestic violence like repeated or continuous physical, sexual, or psychological abuse inflicted by the victim of your crime, it may be considered a mitigating factor. However, who the victim is matters. Typically, domestic violence must be committed against you by a close family member like a spouse, parent, or adult child. This individual also must be the victim of your assault.

How a California Criminal Defense Lawyer Can Help

Chances are you’ve been working with a criminal defense attorney since you were first slapped with charges. Even if you’re only dealing with a misdemeanor, it’s still not the best idea to represent yourself in court. If you’ve been winging it throughout the trial, you may want to have a lawyer by your side during sentencing. Remember, you need the judge to realize your case has mitigating circumstances.

Investigate Your Case

Sure, the police and probably the district attorney’s office are going to do some investigating. They’ll probably even do a pretty deep dive into your criminal record. 

If the D.A. doesn’t find anything noteworthy in your record, don’t presume they’re going to let the judge know. You and the D.A. are on opposite sides of the law, and they’re probably not going to do a whole lot to help you get a lighter sentence. This is a job for your California criminal defense attorney.

Your attorney can investigate every aspect of your case. Maybe your attorney can locate some evidence that helps mitigate your role in the crime.

Argue Your Case in Criminal Court

You’re not going to run into any legal hurdles arguing your case for a little sentence in court. However, just because it’s legal doesn’t mean it’s a great idea. Your San Jose criminal defense lawyer understands what’s at stake. In this case, your freedom may be on the line. Your attorney can easily navigate the legal process, including using the right terms to keep the judge’s attention.

If you have mitigating circumstances, your criminal defense attorney will make sure they’re heard and recorded in the court records.