Factors That Can Increase the Severity of a Criminal Sentence in Wisconsin

 Posted on August 29, 2022 in Criminal Defense

If you have ever been arrested and charged with a crime, you probably know that there is a great deal of uncertainty that goes along with facing the Wisconsin criminal justice system. Each case is unique, as it is dependent on the specific circumstances of a given situation, but many cases tend to follow at least some similar patterns.

Starting with your initial charges, your criminal defense lawyer will develop a strategy for defending you, which might include going to trial or negotiating a plea deal. If you are found guilty or plead guilty in accordance with your plea agreement, the judge overseeing your case must decide on a sentence. Certain circumstantial factors could put you at risk for more serious penalties, and it is helpful to know what they are.

Potential Aggravating Factors

Upon a plea or finding of guilt, your case moves into the sentencing phase, during which the judge will go back and review the entirety of the situation. The judge will look at many things, including whether or not there were elements present that warrant harsher criminal penalties. Some of these elements might apply to just about any criminal offense in Wisconsin, such as concealing your identity while committing the offense. Other elements will only be aggravating factors for certain crimes, such as committing a sex crime knowing that you are HIV-positive.

Other factors that could increase the severity of your sentence include but are not limited to:

• Where the offense occurred, such as at a school, church, public space, or government building

• The age, disability status, occupation, or role of the victim

• The amount of harm inflicted on the victim

• The use of a firearm or another dangerous weapon while committing the offense

• Whether the offense was related to gang activity or any other type of organized criminal behavior

• Your role in the commission of the offense if more than one person was involved

• The level of danger that you are found to pose to the public at large

Any aggravating factor could result in the judge handing down an increased sentence, which could include longer terms of imprisonment or probation, higher fines, and other penalties.

Speak With a Delafield Criminal Defense Attorney

For more information about the details of your case that could lead to harsher criminal penalties if you are convicted, contact an experienced Waukesha County criminal defense lawyer right away. At Bucher Law Group, LLC, we are committed to helping you protect your best interests and obtaining the best possible outcome for your case, regardless of what you have been accused of doing. Call 262-303-4916 for a free consultation today.

Sources:

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

https://docs.legis.wisconsin.gov/raw/cid/1084644