If you have been convicted of a felony in California, the sentencing hearing holds significant weight in determining your sentence. Securing the guidance of a criminal defense attorney, such as the professionals at Law Office of Michael L. Fell, is crucial for several reasons, including the potential benefit of presenting evidence during the hearing. Call us now at (949) 585-9055 for a free legal consultation.
Understanding the Role of Evidence in Felony Sentencing Hearings
While not all cases require the presentation of evidence at a felony sentencing hearing, the court will typically request a probation officer's report that reviews your case and criminal history. This report will be shared with the prosecution and your defense attorney, who can then prepare a Statement of Mitigation.
The Purpose of a Statement of Mitigation
The Statement of Mitigation aims to provide the court with compelling factors that should influence your sentence. It may advocate for probation or a lesser penalty, highlighting circumstances specific to your case. It's essential to have an experienced attorney draft this statement, as the prosecution will also present their arguments for a severe sentence. Collaborating with a seasoned attorney gives you the best chance at a favorable outcome.
Exploring Mitigating Factors
Mitigating factors refer to circumstances or facts that should be considered by the judge when determining your sentence. Factors such as having no prior criminal record, being provoked to commit the crime, suffering from mental or physical illness, or expressing genuine remorse can work in your favor. Conversely, the prosecution may present aggravating factors, which aim to increase the severity of the sentence, such as prior criminal history or the use of a firearm during the crime.
The Impact of an Apology at Sentencing
During the hearing, you will have the opportunity to make a statement of your own. Expressing genuine remorse and offering an apology can positively influence the judge's perception and potentially result in a more lenient sentence. However, the approach to your statement should align with the specifics of your case. If you have maintained your innocence, focusing on demonstrating good behavior may be more appropriate.
The Importance of Legal Counsel
Regardless of the circumstances, relying on the guidance of an experienced attorney is paramount when preparing your statement. At Law Office of Michael L. Fell, our legal team thoroughly examines your case and background to develop a strategic approach. We ensure the most compelling evidence is presented, craft impactful statements, and equip you with the necessary readiness for the sentencing process.
Take the first step in securing skilled legal representation by reaching out to us at (949) 585-9055. Contact Law Office of Michael L. Fell today to receive the assistance you need during this critical time.