What Factors Could Decrease the Severity of My Criminal Sentence?

 Posted on March 16, 2021 in Criminal Law

For every crime, there is an equivalent range of acceptable penalties that comes along with it when you are convicted. There are different types of felony and misdemeanor crimes that vary in severity, from a low-level Class C misdemeanor that carries up to 30 days in jail, to the most serious charge of them all, a Class X felony charge, which carries between six and 30 years in prison. Sentencing guidelines for crimes that are committed in Illinois vary and offer a range for which sentences are considered acceptable, meaning not everyone who is convicted of the same crime will necessarily receive the same sentence. There are many different factors that can affect the severity of your sentence, both positively and negatively. Focusing on the factors that could potentially reduce the severity of your sentence can greatly benefit you in the long run.

Factors in Mitigation

When it comes time to sentence you for the crime of which you have been convicted, the prosecution will have a chance to present a case as to why the judge should impose a penalty that is more severe. Once they are finished, your attorney will have the opportunity to argue why your sentence should be more lenient, mitigating the factors brought up by the prosecution. Depending on your situation, your attorney may use the following factors in mitigation:

• Your criminal conduct did not cause or threaten serious physical harm to another person.

• You acted under strong provocation.

• There were grounds to justify or excuse your conduct, even though no defense was actually formed.

• Your criminal conduct was facilitated or induced by another person.

• You have had no prior criminal history or you have led a law-abiding life for a long period of time since your last arrest.

• Your criminal conduct was a result of unlikely circumstances.

• Your character and general attitude indicated that you are unlikely to commit another crime.

• You are highly likely to comply with the terms of probation if they were to be assigned.

• You have a legitimate intellectual disability.

Discuss Your Case With Our Rolling Meadows, IL Criminal Defense Attorney

Being charged with a crime is a scary experience, but the thought of being sentenced for a crime can be even more intimidating. Scott F. Anderson, Attorney at Law has been helping clients avoid criminal sentences for more than 25 years and will put his experience to work for you. To set up a free consultation with our skilled Arlington Heights, IL criminal defense lawyer, call our office today at 847-253-3400 to get started.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073000050HCh%2E+V&ActID=1999&ChapterID=55&SeqStart=22600000&SeqEnd=39800000