Sentences with phrase «aggravating factors presented»

Under state law, the death penalty can be imposed if a jury makes a unanimous recommendation after weighing aggravating factors presented by the prosecution and mitigating factors presented by the defense.

Section 718.2 (a) of the Criminal Code requires judges to increase or decrease the sentence in a particular case based on the mitigating and aggravating factors presented by the defence and Crown attorney's.

Under state law, the death penalty can be imposed if a jury makes a unanimous recommendation after weighing aggravating factors presented by the prosecution and mitigating factors presented by the defense.

Not exact matches

Eczema (often referred to as «atopic eczema») presents as dry, itchy, flaky and irritated skin that occurs as a combination of aggravating factors.

When aggravating factors are present, the penalties for predatory criminal sexual assault of a child are much more severe.

The Office of US Probation will then prepare a report, a Presentence Investigation Report (PSR), where a probation officer will detail any aggravating and mitigating factors present in the case.

While sentencing guidelines are followed in the vast majority of cases, courts are allowed to impose a softer or harsher sentences «when substantial and compelling aggravating or mitigating factors are present.»

Resisting arrest will be a Class A Misdemeanor when no aggravating factors are present.

You collect extenuating and mitigating facts that may help negotiate a reasonable plea agreement and present those factors to the sentencing judge to call for a more lenient punishment before the judge as the sentence hearing, distinguishing this client and this case from more aggravated situations.

The specific penalties that are imposed in your criminal burglary case will depend on the mitigating (helpful) and aggravating (harmful) factors that are present.

Many crimes can be classified as a Class 1 Felony when aggravating factors are present.

Some crimes are explicitly stated as Class C Misdemeanors by law, while some petty infractions can be elevated to a Class C Misdemeanor if certain aggravating factors are present.

The judge presiding over your criminal sentencing hearing must consider any and all mitigating and aggravating factors that are presented.

In California, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) above.08, and penalties may increase if your BAC is above.15 or if another aggravating factor is present, such as causing an accident in which someone else was hurt.

Other aggravating factors: If other aggravating factors are present, or if you have a prior criminal record for violent offenses, the prosecution will likely pursue the most serious charges and harshest criminal penalties.

Some of these crimes are explicitly defined as a Class 2 Felony, while others can be charged as a Class 2 Felony if aggravating factors are present.

If aggravating factors are present in your case the penalties for your Class 2 Felony offense can be extended.

Having a weapon present during the commission of the crime is an aggravating factor and may result in much harsher sentencing and penalties.

The Criminal Code also lists other aggravating factors that address some of the circumstances often present in cases of elder abuse.