If you have been convicted of a crime in Utah, there are many factors the court will consider in your sentence. Having a Salt Lake Criminal Defense Attorney represent you in the sentencing process is advised. It is important to know if there are any mitigating factors that may be applicable to your case. The judge should be fully informed about any mitigating factors before sentence is given. Likewise, you should be aware of any aggravating factors in your case so they can be explained or addressed and defended. The courts have provided a list of both aggravating and mitigating factors that should be considered by a judge for sentencing.
Aggravating Factors
The following are aggravating factors that a judge may consider in your sentencing:
- Established instances of repetitive criminal conduct.
- Multiple Documented incidents of violence not resulting in conviction.
- Offender presents a serious threat of violent behavior.
- Victim was particularly vulnerable.
- Injury to person or property was unusually extensive.
- Offense was characterized by extreme cruelty or depravity.
- There were multiple charges or victims.
- Offender’s attitude is not conducive to supervision in a less restrictive setting.
- Offender continues criminal activity subsequent to arrest.
- Sex Offenses: Correction’s formal assessment procedures classify as a high risk offender.
- Offender was in position of authority over victim.Financial crime or theft crime involved numerous victims, and exploitation of position of trust.
- Offender occupied Position of trust in relation to murder/homicide victims.
- Offense constitutes a hate crime in that it is likely to incite community unrest.
- Violence committed in the presence of a child.
- Other (Specify).
Mitigating Factors
- The following are mitigating factors a judge may consider in your sentencing:
- Offender’s criminal conduct neither cause nor threatened serious harm.
- Offender acted under strong provocation.
- There were substantial grounds to excuse or justify criminal behavior, though failing to establish a defense.
- Offender is young.
- Offender assisted law enforcement in the resolution of other crimes.
- Restitution would be severely compromised by incarceration.
- Offender’s attitude suggests amenability to supervision.
- Offender has exceptionally good employment and/or family relationships.
- Imprisonment would entail excessive hardship on offender or dependents.
- Offender has extended period of arrest-free street time.
- Offender was less active participant in the crime.
- All offenses were from single criminal episode.
- Offense was possession only drug offense.
- Offender has completed or has nearly completed payment of restitution.
- Other (specify).
More Information
For more information on sentencing, or to get a legal opinion on the facts of your case, contact a Criminal Defense Attorney at our office. There is not reason not to at least speak with a member of our team since we offer free consultation and are available by phone 24/7.
