Many people believe that being convicted of a crime is the end of their ordeal. This is not true. The last step of your case is sentencing. It can mean the difference between a slap on the wrist and spending years in prison. There is good news: If your criminal defense attorney is experienced then they can take every possible step to keep your sentence at a minimum. One of those steps is to file a Statement in Mitigation, which requests a lenient sentence from the court.

You need an attorney even if you are going to plead guilty

It is common for individuals who have been charged with a crime to assume that if they committed the crime then they don’t need an attorney. This is not true. Even if you are going to plead guilty, an experienced attorney can work to get you the least possible sentence. Before you throw yourself to the prosecutor, take some time to understand how felony sentencing works.

The way felony sentencing works

A felony in the state of California has a lower, middle, and upper sentencing term. This means that if you are convicted of voluntary manslaughter, for example, that you will be facing three years, six years, or eleven years in prison. The sentence term you are actually given will be based on numerous things, including any aggravating factors (such as using a firearm in the commission of the crime) and any mitigation factors.

Your defense attorney and the prosecution will both have the chance to argue for your punishment. The prosecution is likely to argue for a harsh sentencing and may highlight aggravating factors including the nature of the crime itself, if the crime was against a vulnerable victim, or if you have a criminal history. Your defense attorney is able to provide what’s known as a Statement of Mitigation which argues that you should get a lighter sentence.

What is a Statement of Mitigation

Put simply, it is a written statement from your defense attorney that explains why they think you should get a light penalty for your conviction. They may include a number of factors, depending on the case, including the fact that you were induced to commit the crime, you were just a passive participant in the crime, you are unlikely to repeat the crime, you were acting under coercion, you played a minor role in the crime, you were provoked by the victim, or you believed that what you were doing was legal.

These are just some of the factors that can be used in a Statement of Mitigation. No matter how serious the crime may seem, the reality is that there are likely steps that can be taken to reduce the affect it has on your long-term life. To find out more about the various options that may be available to you, please contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.