What is the Difference Between Aggravating and Mitigating Factors?

Posted on November 20, 2020 by admin

It is common knowledge that magistrates of the court have extensive discretion when handing down criminal sentences. Although there are advisory sentences in almost all states, the judge has the ultimate say in how a convicted criminal will serve their sentence. But what sways the mind of a judge when deciding on how to sentence someone? What influences their final decision? Well, there are various factors that courts and judges use to determine a fair and fitting sentence for the type of conviction and particular person. Two of the most influential, however, are mitigating factors and aggravating factors.

Continue below to learn the difference between mitigating factors and aggravating factors, and where to turn for help with your pending criminal charges.

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Aggravating Factors are Not to a Defendant’s Advantage

Aggravating factors are any elements of a criminal case that make the crime worse. Basically, there are types of criminal offenses that are particularly reckless, careless, cruel, or otherwise heinous in some way. If a judge observes aggravating circumstances to your criminal case, it is not a good thing. Fortunately, you have wisely chosen to hire private Indianapolis criminal defense lawyer to protect your rights, minimize your penalties, and keep you out of jail. If you have a public defender, you are gravely at risk of being sentenced to the maximum penalties for your crime and all relevant aggravating factors. There are 11 aggravating circumstances decreed by statute here in Indiana.

Examples of Aggravating Factors:

✏ Having a history of criminal or delinquent behaviors

✏ Causing harm, injury, loss, or damage to another

✏ Knowingly committing a crime in the presence of children or minors

✏ Committing a crime after violating probation or parole

Mitigating Factors are Beneficial to a Defendant’s Case

Oppositely, mitigating factors are any elements or circumstances of a criminal case that lessen the severity of the offense. But similar to aggravating factors, there are 11 mitigating circumstances decreed by state statute. For instance, if a person committed a crime as a result of extreme provocation, has no history of criminal activity or delinquent behavior, or the crime did not result in bodily or property damage, a judge might consider these as mitigating circumstances.

To reach a sentencing decision, judges typically take into account the total number of mitigating circumstances versus any aggravating ones. However, they also consider the difference in weight. Depending on which factors outweigh the others, a judge will choose to reduce or increase a defendant’s sentence. With a seasoned criminal defense attorney on your side, you don’t have to worry about being sentenced to the maximum penalties for your charges. Be sure to hire one as soon as you are released from jail, or receive a notice of indictment.

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FAQS About What Might Happen in Criminal Court

Posted on October 20, 2020 by admin

If you are currently facing criminal charges in Indiana, it is likely that you are anxiously awaiting your trial hearing. And just like many others in your position, you have questions and concerns about the state and federal criminal court process, as well as the potential outcomes you face. To give you some peace of mind, continue reading to learn some answers to the most frequently asked questions about criminal court and the possible outcomes. This may relieve your anxiety while awaiting your court date.

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Frequently Asked Questions About Trial

⚖ What Will Happen if I Miss My Court Date?

Missing your court date is a serious offense. Not only does it impede your current case, it tacks on a separate criminal charge that comes with additional penalties. In rare cases, a criminal attorney can waive the penalties for a missed court date if there is sufficient evidence that the client had no choice (i.e. emergency hospital stay, serious accident, etc.) A death in the family, work, and other similar life occurrences are not acceptable excuses to the court.

⚖ What are the Possible Outcomes in Criminal Court?

Because there are so many different types of charges, the outcomes vary greatly. It all depends on a defendant’s charges, criminal history, the state, and many other factors. Some common outcomes include guilty verdict, not guilty verdict, charges dropped, charges dismissed, charges reduced, mistrials, and more.

⚖ What Will Happen if I Plead Guilty?

You should only plead guilty if it is recommended by your criminal lawyer for the purpose of a plea bargain with the state prosecutor. Pleading guilty will mean you admit to committing the crime, understand the charges and the guilty plea, and waive your right to trial jury. Upon pleading guilty, you can expect to have a sentencing hearing scheduled with a few weeks or months. During your sentencing hearing, the judge will hand down your sentence, penalties, and court orders.

⚖ What Will Happen if I am Found Not Guilty?

You will have it on your record that you were charged with the crime, but never convicted. However, you may be able to have the charged expunged from your criminal record. Upon being found not guilty, you will be released from custody and court supervision, and you cannot be convicted of the same crime later on.

⚖ What Will Happen if I Plead No Contest?

Pleading no contest is not allowed in all states. When defendants enter a no contest plea, or nolo contender, it means they are not admitting guilt to the crime in question, but they surrender to the court’s punishment. Although the defendant does not admit guilt, they are still sentenced as if they are guilty.

⚖ What Happens After a Mistrial?

The defense lawyer or prosecutor can motion the court for a mistral for several reasons, including juror misconduct, inability to reach a verdict, law enforcement errors, and more. If granted, prosecution can sometimes retry the case. But most often, it puts defendants in a double-jeopardy situation, so it is not retried.

⚖ What Happens if All Charges are Dropped?

If your charges are dropped, you will not go to trial. The prosecutor drops charges for several reasons, including inadmissible evidence, lack of evidence, uncooperative victims, and more. Although your criminal record won’t show an actual conviction, it will show that you were once charged with the crime. In this case, you may qualify to have it expunged from your record.

How Do I Avoid the Maximum Sentence for My Indiana Criminal Charges?

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

How Your Sentence Will Be Determined as a Defendant Facing Criminal Charges

Posted on June 16, 2020 by admin

When it comes to facing criminal charges, the most important factor is the skill and expertise of your defense. In fact, this is exactly why it is vital to retain a private lawyer, rather than a public defender. However, your lawyer is not the only factor that matters. Courts, namely judges, rely on several factors to help them determine what a defendant’s sentence will be. If you are currently awaiting an upcoming court hearing for a recent arrest, this information should be at the top of your priority list.

Continue reading to how judges base their rulings in criminal court, and the one single task you can do to avoid the maximum penalties for your criminal charges.

Levels of Criminal Charges and Wobblers

In Indiana, all crimes can be categorized into three types of offenses: Felonies, misdemeanors, and infractions. Felonies are divided into 7 categories in Indiana, from Level 1 to Level 6, and Murder. Level 6 felony crimes are the least serious type of felony, and are commonly referred to as “wobblers” since they can most often be reduced to Class A Misdemeanors. Similarly, Misdemeanors are divided into three “classes”, from Class A Misdemeanors, being the most serious, to Class C Misdemeanors, the least serious. Just like Level 6 Felonies, Class C Misdemeanors can also be wobblers.

Aggravating and Mitigating Circumstances

So, how does a judge decide whether to “wobble” a charge or not? As mentioned before, there are several factors they will consider when making this decision. These factors are known as aggravating and mitigating circumstances. Aggravating circumstances are elements of a crime that make the offense more atrocious, or worse in the eyes of the public. Mitigating circumstances are elements of a crime that, in some way, minimize the severity of the offense when compared to other similar crimes.

There are also statutory and enumerated circumstances that judges will look at when deciding on an ultimate sentence for a convicted criminal. Let’s discuss statutory and enumerated circumstances in an upcoming blog, so be sure to check back soon!

Where to Get Trusted Indianapolis Criminal Defense and Legal Advice

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges. Here at The Law Office of David E. Lewis, we are ready to be your number-one advocate through this difficult time in your life. Trust our legal professionals to develop a strong defense for your case and work around the clock to place you in the best position possible following an arrest, charge, or conviction.

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