Sentencing Mitigation
State and Federal Mitigation
Sentencing usually begins with a probation or federal Pre-Sentence Report (PSR) summarizing applicable statutory law and sentencing guidelines parameters and weighing aggravating and mitigating circumstances in support of the sentencing recommendation made to the court by the government. AER’s experienced sentencing consultants work in conjunction with our client’s attorneys to analyze and rebut every possible aspect of the sentencing arguments made in these reports with one goal in mind – to minimize the sentence through sentencing mitigation.
Federal Sentencing Guidelines
Federal district court judges now have great discretion at sentencing; they are no longer strictly bound by the federal sentencing guidelines and can sentence a defendant to a term of imprisonment substantially below the applicable sentencing guidelines range. AER sentencing consultants offer litigation support and trial consulting designed to provide persuasive sentencing mitigation arguments and strategies to criminal defense attorneys on behalf of their clients.
State Sentencing Consultants
California’s determinate sentencing scheme provides for the imposition of three distinct sentences from which the trial court judge chooses between the low term, middle term, and upper term sentence. Sentences can be increased by enhancements based upon past defendant conduct and can increase a defendant’s sentence from 1 to 5 years; some can increase a sentence from up to 10 years to life. Common enhancements involve carrying a weapon, violent behavior, gang membership or association or causing great bodily injury. At the same time, however, sentencing mitigation can serve to reduce sentences.
Sentencing Mitigation
At sentencing, a defendant has an opportunity to detail their unique circumstances to the court and explain why a minimal sentence is appropriate in their case. Artfully providing this mitigating evidence to the court is one of the most important jobs of the criminal defense team and of trial consulting and litigation support experts. AER will aggressively develop arguments for sentencing mitigation by preparing a factually intensive work-up of the client’s entire life that is convincingly, and persuasively, supported by letters and other documentation from family, friends, employers and medical professionals. Compelling a lower sentence is an art based upon fact; let AER help make sure the court knows your whole story.