Understanding “Upper Term” Sentencing and Unproven Aggravating Factors
When facing criminal charges, accused individuals contend with immense emotional, mental, and financial stress. Adding to this stress is not knowing how long a potential sentence will be due to a judge’s sentencing. Among these complexities lies the concept of “upper term” sentencing—a practice that can significantly increase the penalties faced by someone convicted of a crime.
This article sheds light on what “upper term” sentencing means, explores the legal framework for its application, and provides actionable advice for individuals on how to safeguard their rights against unfair sentencing practices.
Our skilled defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you.
What Is “Upper Term” Sentencing and Why Does It Matter?
In California the sentencing for most crimes is based on a sentencing triad that includes set sentences for a low, middle and an upper term sentence. California Law assigns the middle term as the default sentence, but if a judge determines that certain aggravating factors exist, they may impose the upper term, which increases the amount of time a defendant spends in prison.
The Legal Framework for Proving Aggravating Factors
Under California law, in order to impose an upper term sentence either the district attorney must allege and a defendant must admit to aggravating factors or a jury must make a factual finding that there were aggravating factors present.
Aggravating factors must meet clear standards of proof, such as documented evidence of intent, prior criminal history, or harm caused to the victim. Any deviation from these standards violates the accused’s constitutional rights.
The Consequences of Unfair “Upper Term” Sentencing
When accused individuals are sentenced based on unproven or unsubstantiated aggravating factors, the consequences can be life-altering, including:
· Lengthier Prison Terms: The most immediate impact is an extended stay in prison, resulting in lost time with loved ones, disrupted careers, and ongoing emotional distress.
· Loss of Confidence in the Justice System: Unfair sentencing erodes trust not only for the accused but also among communities that rely on an equitable system for justice.
These outcomes underline the critical importance of ensuring fairness and objectivity in sentencing decisions.
People V. Gonzalez
In 2013, Ulysses Gonzalez pleaded no contest, admitting to an enhancement and several prior offenses. By 2022, he sought resentencing under amendments to Penal Code Section 1170, which established the middle term as the default sentence. However, when Gonzalez was initially sentenced, Section 1170 granted courts the discretion to select among sentencing tiers, and he received the upper term for count 1. Although the trial court reduced his sentence by one year following the dismissal of an enhancement, it declined to lower it further, citing six aggravating factors that justified the original upper-term sentence. Gonzalez appealed, claiming that Section 1172.75(d) required a sentence reduction because the aggravating factors for the upper term were neither proven beyond a reasonable doubt nor previously stipulated to by the defendant. The People countered that the clear language of Section 1172.75(d)(4) did not mandate such an exception for individuals like Gonzalez, who had already received the upper-term sentence.
The appeals court reversed and remanded the case to the trial court with instructions. Under Section 1172.75(d)(4), a court may not impose a sentence exceeding the middle term unless two conditions are met: (1) aggravating circumstances are established to justify the upper term, and (2) those facts were either stipulated by the defendant or proven beyond a reasonable doubt at trial. The use of unproven aggravating factors to impose an upper-term sentence constitutes a violation of the Sixth Amendment, even if some of the aggravating factors relied upon were validly established. Here, the court interpreted the statute as narrowing the eligibility for upper-term sentences but emphasized that an upper-term sentence still requires proven factual support for the aggravating factors. Since three of the six aggravating factors cited by the trial court were neither admitted by Gonzalez nor found beyond a reasonable doubt by a jury or judge, the case was remanded for resentencing.
Defending Against Unfair “Upper Term” Sentencing
If you or someone you know faces the possibility of upper term sentencing, consider the following steps to protect your rights:
1. Ensure Legal Representation
Engage an experienced criminal defense attorney who understands local sentencing laws. They will identify weaknesses in the prosecution’s arguments and ensure the judge follows appropriate procedures.
2. Challenge Unproven Aggravating Factors
Work with your knowledgeable attorney to demand evidence for any aggravating factors cited by the prosecution. Those factors must be proven beyond a reasonable doubt.
3. Highlight Mitigating Circumstances
Advocate with your defense attorney for mitigating factors that could reduce sentencing, such as lack of criminal history, cooperation with law enforcement, or remorse shown by the accused.
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact our aggressive criminal defense attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and kept them free from serving prison or jail sentences. We know the most effective strategies to argue for you, and we will do everything we can to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
