Texas statutes outline the potential penalties for specific criminal charges, but these are not always set in stone. Based on the defendant’s criminal history and the details of the purported crime, mitigating and aggravating factors could be used to alter a sentence.
Mitigating and aggravating factors
When it comes to aggravating factors, judges will typically consider the heinousness of the crime, whether the offense was violent, the seriousness of the offense, if there is any remorse, the criminal history of the defendant and whether the defendant committed the same or similar crimes over a period of time. If aggravating factors are present, they could be used to impose a more severe sentence.
In contrast, mitigating factors could be used to reduce the severity of a sentence. These factors could include whether the defendant was the accomplice, whether they were a minor at the time of the offense and whether the defendant was induced to commit the crime by another individual. Additionally, a presentence report prepared by a probation officer could be considered when determining a sentence within the sentencing range.
Other factors considered during sentencing
Depending on the matter, other factors could play a role in sentencing. The defendant’s attorney is allowed to speak on behalf of the defendant, providing information that could result in a more lenient sentencing. The defendant is also provided the opportunity to speak, proving information that could help mitigate their sentence. Similarly, a victim or a victim’s survivors could make a statement to the court, possibly recommending leniency or even strictness when it comes to the defendant’s punishment.
Other factors may be applicable to the criminal case and sentencing determination. This could include the judge seeking to deter the defendant from engaging in future criminal activity, mandatory minimum sentences set for the offense, the “Three Strikes” law, plea bargaining and whether the crime was a hate crime, which could require an increased sentence.
Because you have rights in the sentencing phase, it is important that you understand your options when it comes to illustrating mitigating factors, helping you reduce or avoid criminal punishment.
