If you’re convicted of a felony in California, then the sentencing hearing will determine your sentence. It’s important to have a criminal defense attorney with you for a number of reasons, including the fact that it may be to your benefit to present evidence. Read on to learn more and then reach out to Law Office of Michael L. Fell at (949) 585-9055 to talk to an attorney who can help.

Not all cases require presenting evidence at a felony sentencing hearing

The court is going to ask for a report from a probation officer. They will have reviewed your case and any past criminal history you have. This report will be sent to the prosecution and to your attorney. Your criminal defense attorney then has the right to prepare a Statement of Mitigation.

This is offered for the court to consider during the sentencing process. It explains mitigation factors that you and your attorney feel should impact your sentence. In many cases, it may ask for probation only, or a lighter sentence. Remember that while your attorney can prepare this Statement of Mitigation for you, the prosecution is also going to have a chance to argue their reasons that you should get the harshest possible sentence. This is another reason to work with an experienced attorney.

Potential mitigating factors

There are a number of mitigating factors, which are essentially any type of circumstance, or any fact, that the judge should take into consideration when sentencing you. For example, if this is your first criminal conviction, if you were provoked to commit your crime, if you have a mental illness, if you have a physical illness, or if you’re genuinely sorry for your actions.

The prosecution has their own aggravating factors, which are the opposite of mitigating factors: Circumstances or facts that they believe should add time to sentence. This would include things like having a prior criminal record or using a firearm during the crime. The prosecution will work to highlight these aspects in the homes that the penalties will be as harsh as possible.

Should you apologize at your sentencing hearing?

You’ll also have the opportunity to make a statement of your own. If you apologize and how true remorse, then the judge may take this into consideration and sentence you more lightly. However, it all depends on your case. For example, if you’ve testified that you didn’t commit the crime, then your better option may be to concentrate on showing your good behavior during your statement.

Regardless of the situation, you want an experienced attorney to advise you on your statement. At Law Office of Michael L. Fell, we can go over the case and your history to find the best way to reach out to the judge. We can help ensure that the most powerful evidence is presented, that you have the most impactful statement possible, and that you are as ready as possible for the sentence.

Now is the time to get an experienced attorney on your side. Reach out to us at (949) 585-9055 today to get started.