David Serna Talks About Aggravating and Mitigating Factors

The terms “aggravating” and “mitigating” factors usually come up when reading about criminal charges and their penalties. Aggravating factors help judges develop proportional and consistent sentences with the defendant’s offense severity and history. These details can affect the penalties, so David Serna believes defense lawyers must explain it to their clients.

 

On the other hand, mitigating factors can support leniency in the defendant’s sentencing. Although criminal statutes pay less attention to mitigating factors, David Serna believes defense lawyers should still present them to the court. Courts will hold this evidence relating to the defendant’s character and introduce them, provided they are relevant to the sentencing process.

 

What aggravating factors do judges consider?

Aggravating factors often include any relevant factors that make a case’s outlook more severe or severe. Some details include the following:

●     Evidence of prior planning

●     Targeted vulnerable victims

●     Previous conviction or convictions, particularly of severe offenses,

●     The committed crime was part of an organized criminal group

●     The offender intended more severe harm than the result

●     Financial or material gain motivated the offense

●     The offender attempted to frustrate or impede the administration of justice

●     There were multiple victims or incidents

●     The offender used weapons to frighten or injure victims

●     The offender used deliberate, gratuitous, or repeated violence or other forms of degradation

●     The offender abused a position of power, trust, or authority

●     The offender committed the crime while subject to pre-trial or sentence conditions

 

What are examples of mitigating factors?

●     Lack of prior criminal record

●     Mental or physical illness

●     The victim’s culpability

●     The offender played a minor role in the crime

 

How can aggravating and mitigating factors affect a case?

After many years working as a defense lawyer, David Serna saw how aggravating and mitigating factors can mean much steeper or less harsh penalties. These details can mean the difference between jail time and probation. It can also mean the difference between a long prison sentence and a short jail term. So, it is essential to understand for the defendant to understand all the potential aggravating factors that can significantly impact their charges and penalties.