What Factors Can Increase the Severity of My Criminal Sentence?

 Posted on September 18, 2020 in Criminal Law

If you have ever had the experience of being a defendant in the criminal justice system, you know that there is a lot of uncertainty involved in the process of being arrested and charged with a crime. Every criminal case is unique because every situation is different, but they do typically follow a similar pattern. Once you are charged with a crime, your attorney will begin to work out a defense strategy for you, which may include a plea bargain or it may include proceeding to trial. Once your case has come to a decision, the judge will then determine the sentence for your crime. Depending on the facts and circumstances surrounding your case, you could be at risk for a harsher sentence.

Aggravating Factors in Wisconsin

Once you have reached the sentencing stage of your case, the judge will review your case in its entirety and determine if aggravating factors are present that would warrant additional penalties. Various aggravating factors could apply to any crime in Wisconsin, but there are also aggravating factors that are specific to a certain offense only. For example, if the defendant attempted to conceal his or her identity while committing the act, this could be applied to most crimes. However, something like knowing you are HIV positive would only be an aggravating factor if you were being tried for a sex crime.

Other various circumstances might affect the sentence for a criminal offense, from the location of the crime to the damage that took place. Other factors include:

• The level of harm the defendant inflicted upon the victim of the crime

• Whether or not the crime was associated with a gang

• Whether or not the defendant used a firearm or other dangerous weapon during the crime

• The role the defendant played in the crime if the crime involved more than one defendant

• The level of danger the defendant poses to the general public 

Contact a Waukesha County Criminal Defense Lawyer

There are many other aggravating factors that could be applied to your criminal case, especially if you do not have help from a knowledgeable Brookfield criminal defense attorney. At Bucher, Wolff & Sonderhouse, LLP, we know that you have the right to an attorney, but we also want you to have the right attorney. Our team is skilled in the art of negotiation and is here to help you protect your future. To schedule a free consultation, call our office today at 262-232-6699. We answer our phones 24/7.

Sources:

https://www.wispd.org/images/AppellateFolder/templatesforms/TISnotes.pdf

https://docs.legis.wisconsin.gov/statutes/statutes/973/017