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  • What Are Mitigating And Aggravating Factors In Utah Court Sentencing?

    March 15, 2017 | Blog Criminal Charges

  • Utah Sentencing Defense AttorneyIn Utah, the Sentence and Release Guidelines are used by judges to determine what sentence someone convicted of a crime may receive. These guidelines are published in an appendix in Utah Court Rules Annotated and include mitigating and aggravating factors.

    Aggravating factors are things that can make sentencing harsher for those convicted of a crime. These factors might include:

     

    — Whether the alleged victim was vulnerable

    — Whether the alleged offender had authority over the alleged victim

    — Whether the crime was extremely depraved or cruel

    — Whether the alleged victim suffered from serious bodily injury

    There are also reasons why the penalty can be more severe. These include:

    — The offense occurred in prison.

    — The alleged offender is considered a habitual offender.

    — A hate crime was committed.

    — A child was present when the crime occurred.

    — There was a dangerous weapon used or the crime happened near a school.

    — Two or more other people helped the alleged offender commit the crime.

    There are also circumstances that can help decrease the severity of the punishment. These include an alleged offender who:

     

    — Is considered a good choice for treatment

    — Was cooperative with police or other law enforcement officials

    — Has development disabilities that affected his or her actions or mental capabilities

    As you can see, there are a number of factors that can influence a person’s sentence. Experienced criminal defense attorneys understand the need for the court to consider the mitigating circumstances. Just because there are aggravating circumstances, that does not mean there aren’t mitigating circumstances as well.

    We Prepare Diligently. We Concede Nothing. Call Us For A Powerful Defense.

    Call Greg S. Law 801-261-6228 / Toll Free: 888-784-3554

    There’s too much at stake to settle for anything less than the best attorney you can afford. For an effective Salt Lake City criminal law attorney, contact Greg S. Law, today.

    We offer a free initial consultation, and are available for evening and weekend appointments. We also accept major credit cards.

    Source: Utah State Courts, “Criminal Penalties,”.