How does a judge determine the severity of a punishment for a defendant who has been found guilty of a crime?
Judges rely on a variety of factors to help them determine the severity of consequences for someone who has been found guilty of a criminal act. While referencing Massachusetts Sentencing Guidelines, judges will also take into account other factors such as the defendant’s criminal history and the impact on the victims of the crime. Included as well are two factors that we will take a closer look at today – mitigating and aggravating factors.
Sentencing Guidelines
State and federal criminal statutes often set maximum penalties based on the offense classification such as felonies, misdemeanors and infractions. Felonies are categorized as the more serious offenses and misdemeanors less so. In general, the more serious the crime, the more severe the punishment and consequences whether they are a fine, jail time or community service.
Judges have some discretion to increase or decrease the level of punishment when sentencing an individual based on factors known as mitigating factors and aggravating factors.
What Are Aggravating Factors?
During the sentencing portion of a criminal case, a prosecutor can put forth evidence that may indicate to a judge that a harsher punishment is warranted. Factors that merit a harsher punishment include things like a defendant’s prior arrest record, especially if there are multiple convictions for the same offense.
Other aggravating factors include the vulnerability of the victim. Vulnerability can mean different things in each case but, in general, a victim is considered vulnerable if they are a child, an elderly person, or a mentally or physically challenged individual. A crime against someone in this classification can be considered as an aggravating factor.
If the defendant played a leadership role in the offense such as being the manager of the event or giving directions to others in pursuit of the crime, that leadership role could also be categorized as an aggravating factor. The use of a weapon or if the crime is categorized as a major crime can also increase the severity during sentencing.
Finally, many states have some offenses labeled “hate crimes” meaning they are motivated by hate or bias toward a certain group. This factor also merits a judge considering harsher punishment.
What Are Mitigating Factors?
On the opposing side, the defense team may argue that the defendant has mitigating factors that could decrease the severity of sentencing.
Genuine remorse for the criminal act and how it impacted the victim is one such factor that may influence the severity of sentencing. The lack of a criminal record or if the defendant’s role in the criminal act was minor, may also lessen the punishment.
A judge may also consider the circumstances at the time of the offense, such as provocation, stress, illness or emotional problems that might not excuse the crime but might offer an explanation. A defendant’s history of trauma may also be an indicator of a mitigating factor.
During the sentencing portion of a criminal proceeding, the defense and prosecution can make their arguments regarding mitigating and aggravating factors that may be evident in the case. The judge will then take these factors into consideration when determining the sentencing.
For more information or help with legal counsel, talk to our team at the Law Offices of Patrick Conway.