If you plead guilty or are convicted of a crime in New Jersey, the court considers various factors when determining your punishment. Potential sentences could include fines, prison time, probation or community service.
The court considers aggravating factors and mitigating factors. Aggravating factors are facts or circumstances of the case that may increase your punishment, while mitigating factors are facts or circumstances that may decrease your punishment.
Prior criminal history
Having a prior criminal history is a common example of an aggravating factor. For example, if you are convicted of a violent crime and you have two prior violent crime convictions on your record, you might receive a harsher penalty than you would if you had no criminal history.
The purpose of a harsher penalty in that scenario could be to deter you from committing the same type of crime again in the future. The court could reason that the punishment you previously received did not cause you to “learn your lesson” since you committed another similar type of crime.
Mitigating factors
Having no prior criminal history is an example of a mitigating factor. Other mitigating factors include a lack of intent to cause serious harm, a likelihood that you will not commit any future crimes and evidence that you would do well with a lighter penalty such as probation or community service.
Some mitigating factors focus on the victim of the crime. If you can show that you were seriously provoked into committing the crime, that the victim encouraged the crime or that you had substantial grounds to justify your actions, these mitigating factors can work in your favor.
When you are entering the penalty phase of a criminal conviction, it is important to review all potential mitigating factors. Even one or two mitigating factors that apply to your situation can make a substantial difference in your ultimate penalty.