The team at AZ Defenders have decades of collective experience in collecting and presenting mitigation. A Phoenix criminal lawyer with experience in mitigation work is the best step you can take to obtain a shorter sentence in your case. If you are facing criminal charges or have already been convicted, you should not leave your sentencing to chance or judicial caprice. Contact an Attorney Experienced in Mitigation Today Mitigation can make the difference between no incarceration and spending more than a decade in prison. If you are convicted of a Class 2 Felony and have no prior convictions, you can be sentenced anywhere from 3 years to 12.5 years in prison or receive probation for up to 7 years. The importance of mitigation is best highlighted by the Class 2 Felony sentencing range.
Merely getting up there and saying that you’re sorry is not typically enough.
The reason for this is simple: you must provide a judge with the justification needed to sentence you appropriately. Substantial psychological trauma or diagnoses.Providing the court with this mitigation is a skill that good Phoenix criminal defense attorneys must possess in order to help their clients obtain the lowest possible sentence in their case. What are Mitigating Factors?Ĭourts are specifically instructed by Arizona Revised Statutes § 13-701 to consider a defendant’s age, their capacity to appreciate the wrongfulness of their conduct or inability to conform to the requirements of the law, duress, level of participation, compliance with certain motor vehicle laws, and “ ny other factor that is relevant to the defendant’s character or background or to the nature or circumstances of the crime and that the court finds to be mitigating.” This final “catch-all” mitigator has been found to include community support, substance abuse issues, remedial measures taken by a defendant, remorse, acceptance of responsibility, and many, many more factors.
#What is the purposes of sentencing how to
When deciding how to sentence a person for a crime, judges look at a variety of factors, but certain ones, called mitigating factors, are those which the judge may consider in order to give a person a lesser sentence. This is true for both misdemeanors and felonies. Arizona law provides for wide ranges of sentences upon conviction and gives judges a significant amount of discretion as to how to sentence a defendant. When it comes to sentencing, having the right things to say can make all the difference. Posted on Novemin assault & violent crimes
The Importance of Mitigation in Sentencing
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