What Criteria Must the Court Consider in Determining Whether to Impose the Aggravated Prison Term?

The court is required by law to consider all of the factors outlined below in Rule 4.421 and balance these factors against the factors outlined in Rule 4.428 related to statements in mitigation and determine if “on balance” the factors in aggravation outweigh those in mitigation.  The court will then impose the aggravated, mitigated, or “mid term” based upon all of the circumstances mentioned herein.

Under California Rules of Court, Rule 4.421, the court considers the following circumstances in aggravation:

(a)        Factors relating to the crime

Factors relating to the crime, whether or not charged or chargeable as enhancements include that:

(1)The crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness;

(2)The defendant was armed with or used a weapon at the time of the commission of the crime;

(3)The victim was particularly vulnerable;

(4)The defendant induced others to participate in the commission of the crime or occupied a position of leadership or dominance of other participants in its commission;

(5)The defendant induced a minor to commit or assist in the commission of the crime;

(6)The defendant threatened witnesses, unlawfully prevented or dissuaded witnesses from testifying, suborned perjury, or in any other way illegally interfered with the judicial process;

(7)The defendant was convicted of other crimes for which consecutive sentences could have been imposed but for which concurrent sentences are being imposed;

(8)The manner in which the crime was carried out indicates planning, sophistication, or professionalism;

(9)The crime involved an attempted or actual taking or damage of great monetary value;

(10)The crime involved a large quantity of contraband; and

(11)The defendant took advantage of a position of trust or confidence to commit the offense.

(12)The crime constitutes a hate crime under section 422.55 and:

(A)No hate crime enhancements under section 422.75 are imposed; and

(B)The crime is not subject to sentencing under section 1170.8.

(b)        Factors relating to the defendant

Factors relating to the defendant include that:

(1)The defendant has engaged in violent conduct that indicates a serious danger to society;

(2)The defendant’s prior convictions as an adult or sustained petitions in juvenile delinquency proceedings are numerous or of increasing seriousness;

(3)The defendant has served a prior prison term;

(4)The defendant was on probation or parole when the crime was committed; and

(5)The defendant’s prior performance on probation or parole was unsatisfactory.

If you have been convicted of a felony, you will need an experienced Southern California criminal defense lawyer to vigorously represent you during your sentencing hearing.  Having Wallin and Klarich fighting for you at your sentencing hearing could make the difference between you receiving a probationary sentence or being sent to state prison for many years.  At Wallin & Klarich, we have represented clients at sentencing hearings for over 30 years.  Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.