For aggravated assault, the maximum sentence is 14 years incarceration.
Factors That Affect Sentencing
Any plea bargaining or co-operation with the public prosecution service
Refers to whether the defendant has entered into an agreement with the prosecution to plead guilty in exchange for a reduced sentence, or if the defendant has provided information or assistance to the authorities during the investigation or prosecution of the case.
Mitigating circumstances, such as duress or necessity
Circumstances that diminish the responsibility or moral culpability of the accused for the offence, such as the fact that he acted because he was forced or coerced to do so, or because he acted in order to prevent a major harm.
Any mitigating or aggravating circumstances put forward by the prosecution or defence
Refers to evidence or arguments presented by both the prosecution and the defence that may affect the sentence, such as evidence of prior bad acts committed by the accused, or mitigating circumstances such as mental illness or addiction.
Defendant's Military or Public Service Record
Refers to the defendant’s military service, public service or other achievements that may be relevant to his or her sentencing.
Relevant laws, policies and jurisprudence in the jurisdiction
Refers to the specific laws, policies and case law in the jurisdiction where the offence was committed that may have an impact on the sentence, such as mandatory minimum sentences, sentencing guidelines or prevailing community views on punishment.
The co-operation of the defendant with the authorities
The extent to which the defendant has cooperated with law enforcement and other authorities in the investigation and prosecution of his or her own case may be a factor in sentencing. Cooperation may demonstrate acceptance of responsibility and may be considered by the court as a mitigating factor.
Age and physical/mental health of the accused
The defendant’s age and any physical or mental health problems may be relevant to the court’s determination of an appropriate sentence; for example, an older defendant or one with a serious health problem may be sentenced more leniently.
Role of accused in the crime
The defendant’s role in the commission of the offence can affect his or her sentence. A principal or co-conspirator may receive a more severe sentence than an accomplice or someone who played a minor role.
Financial resources of the accused and his ability to pay the fine
The financial resources of the accused and his or her ability to meet financial penalties may be considered in determining an appropriate sentence.
Deterrence effect on the accused and others
The sentence can be affected by the aim to deter the accused and others from similar offences in the future.
Public safety
The safety and protection of the public is a key consideration in sentencing. A defendant who poses a significant threat to the safety of the public may be sentenced more severely to ensure that he or she is unable to commit further offences.
Rehabilitation potential of the defendant
The defendant’s potential for rehabilitation, or the ability to be successfully treated or trained so as not to reoffend, may be taken into account in determining an appropriate sentence A defendant who appears to have a high likelihood of successful rehabilitation may be sentenced more leniently.
Sentence Guidelines and Mandatory Minimums
A court is required to follow sentencing guidelines and mandatory minimums established by state or federal law, but has some discretion.
Aggravated or attenuated circumstances under the law
Legal aggravators are elements of the crime or the defendant’s conduct that increase the penalty, while mitigators are elements that decrease the penalty. These factors are often specified by state or federal law.
Community and judicial views about punishment
Public opinion and the views of judges or sentencers may influence the perception of the harshness of a given sentence.
Defendant's cooperation with authorities
The extent to which the defendant assisted law enforcement or other authorities in investigating or prosecuting the offence may be considered as a sentencing factor.
Age and mental/physical health of defendant
The defendant’s age, mental and physical health may be relevant to sentencing because they may affect the defendant’s ability to understand the consequences of their actions and their potential for rehabilitation.
Defendant's role in the offence
The role of the accused in the commission of the crime may also be taken into account, with those who played a leading or more active role often receiving more severe punishment.
The nature of the offence and the circumstances surrounding it
This factor refers to the specific details and events surrounding the crime committed, including the method used and any extenuating or attenuating circumstances.
Previous convictions of the defendant
This factor takes into account the defendant’s previous criminal record, including any previous convictions, and the defendant’s previous sentences.
The defendant's character and background
This factor takes into account the defendant’s whole background. This includes education, employment, family situation, and any history of drug or alcohol abuse.
Defendant's remorse or failure to repent
This factor considers the defendant’s demonstration of remorse for the crime committed, including any apology or expression of regret.
Effects of crime on victims
This factor assesses the physical, emotional and financial damage suffered by the victim(s) as a result of the crime and how the crime has affected their lives.
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