Criminal Defense Lawyers in Layton, Utah

Aggravating and Mitigating Factors


You can learn more about aggravating and mitigating factors by visiting utcourts.gov

According to the Utah Sentencing Commission’s guidelines, aggravating and mitigating factors in a crime can be considered in sentencing.

Aggravating factors

Things that can make the punishment more severe, including:

  • whether the victim suffered substantial bodily injury;
  • whether the offense was extremely cruel or depraved;
  • whether the offender was in a position of authority over the victim;
  • whether the victim was unusually vulnerable.

A penalty can also be enhanced if:

  • the person committed the crime with two or more other people;
  • the person used a dangerous weapon on or near a school;
  • the person committed the crime in the presence of a child;
  • the person is determined to have committed a hate crime;
  • the person is determined to be a habitual offender;
  • the offense was committed while in prison.

Mitigating factors

Things that can make the punishment less severe, including:

  • whether the offender was exceptionally cooperative with law enforcement;
  • is a good candidate for treatment;
  • has developmental disabilities.

© www.utcourts.gov

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