Aggravating and Mitigating Factors:  Pursuant to N.J.S.A. 2C:44-1, in determining the appropriate sentence to be imposed on a person convicted of an offense, the court must consider all aggravating and mitigating circumstances.

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Aggravating Factors: 

In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court may properly consider the following aggravating circumstances:

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1. Nature and Seriousness of Offense:  The nature and circumstances of the offense, and the role of the actor in committing the offense, including whether or not it was committed in an especially heinous, cruel, or depraved manner;

2. Gravity and Seriousness of Harm Inflicted:  The gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance;

3. Risk of New Criminal Activity:  The risk that the defendant will commit another offense;

4. Violating a Position of Trust:  A lesser sentence will depreciate the seriousness of the defendant's offense because it involved a breach of the public trust, or the defendant took advantage of a position of trust or confidence to commit the offense;

5. Involvement in Organized Crime:  There is a substantial likelihood that the defendant is involved in organized criminal activity;

6. Defendant’s Prior Criminal Record:  The extent of the defendant's prior criminal record and the seriousness of the offenses of which the defendant has been convicted;

7. Payment for the Offense:  The defendant committed the offense pursuant to an agreement to either pay or be paid for the commission of the offense and the pecuniary incentive was beyond that inherent in the offense itself;

8. Certain Protected Victims:  The defendant committed the offense against a police or other law enforcement officer, correctional employee or firefighter, acting in the performance of the officer, employee, or firefighter duties while in uniform or exhibiting evidence of his authority; the defendant committed the offense because of the status of the victim as a public servant; the defendant committed the offense against a sports official, athletic coach or manager, acting in or immediately following the performance of the person's duties or because of the person's status as a sports official, coach or manager; or the defendant committed the offense against any health care professional, volunteer working for a health care professional or working at a health care facility, supportive services staff member working for a health care professional or working at a health care facility, or employee of a health care professional or health care facility, while the health care professional, volunteer, supportive services staff member, or employee is performing official duties;

9. Need for Deterrence:  The need for deterring the defendant and others from violating the law;

10. Fraud or Deception Against State Government:  The offense involved fraudulent or deceptive practices committed against any department or division of State government;

11. Imposing Fines or Restitution Not Enough:  The imposition of a fine, penalty, or order of restitution without also imposing a term of imprisonment would be perceived by the defendant or others merely as part of the cost of doing business, or as an acceptable contingent business or operating expense associated with the initial decision to resort to unlawful practices;

12. Victim Over 60 or Disabled:  The defendant committed the offense against a person who the defendant knew or should have known was 60 years of age or older, or disabled;

13. Committing Crime While in Possession of Stolen Vehicle:  The defendant, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a stolen motor vehicle;

14. Domestic Violence Offense Committed in Presence of Child Under 16:  The offense involved an act of domestic violence committed in the presence of a child under 16 years of age; and

15. Current Domestic Violence Offense and Prior Instances of Domestic Violence:  The offense involved an act of domestic violence, and the defendant committed at least one act of domestic violence on more than one occasion.

 

Mitigating Factors:

In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court may properly consider the following mitigating circumstances:

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1. No Serious Harm Caused or Threatened:  The defendant's conduct neither caused nor threatened serious harm.

2. Defendant Did Not Intend to Cause/Threaten Serious Harm:  The defendant did not contemplate that the defendant's conduct would cause or threaten serious harm.

3. Provocation:  The defendant acted under a strong provocation.

4. Excuse or Justification:  There were substantial grounds tending to excuse or justify the defendant's conduct, though failing to establish a defense.

5. Victim Facilitated Conduct:  The victim of the defendant's conduct induced or facilitated its commission.

6. Compensation for Harm:  The defendant has compensated or will compensate the victim of the defendant's conduct for the damage or injury that the victim sustained, or will participate in a program of community service.

7. Law Abiding Life for Substantial Period:  The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense.

8. Circumstances Unlikely to Recur:  The defendant's conduct was the result of circumstances unlikely to recur.

9. Character and Attitude of Defendant:  The character and attitude of the defendant indicate that the defendant is unlikely to commit another offense.

10. Good Candidate for Probation:  The defendant is particularly likely to respond affirmatively to probationary treatment.

11. Imprisonment Would Cause Excessive Hardship:  The imprisonment of the defendant would entail excessive hardship to the defendant or the defendant's dependents.

12. Cooperation With Law Enforcement:  The willingness of the defendant to cooperate with law enforcement authorities.

13. Influence By Older Defendant:  The conduct of a youthful defendant was substantially influenced by another person more mature than the defendant.

14. Youthful Offender:  The defendant was under 26 years of age at the time of the commission of the offense.

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Contact a New Jersey Sentencing Lawyer

for a Free Consultation

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If you or a loved one is facing a sentencing proceeding, it is crucial to hire an experienced criminal defense attorney.  At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

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