While the criminal justice system in Wisconsin is supposed to be fair and objective, the truth is that it can be difficult to predict exactly what the consequences will be for a specific criminal conviction. Judges often have some discretion when it comes to sentencing, and a previous criminal conviction may impact a judge’s willingness to be generous or forgiving with a defendant. Other factors, like gang involvement or the specific location of a crime, can require a harsher sentence. If you have been charged with criminal conduct, it is important to have a criminal defense attorney help you understand what issues may increase your punishment.
What Factors Can Increase a Criminal Sentence?
Before you are sentenced for a crime, you must either take a plea deal or be proven guilty by a jury of your peers. It is essential to have a criminal defense attorney with either option, because an attorney can work out a defense strategy that gets you a better plea bargain or cause the jury to doubt your guilt.
Once you agree to a plea bargain, or a jury has decided beyond reasonable doubt that you committed a crime, a judge will decide on your sentence and this is where certain aggravating factors become important. For example, theft of retail property worth less than a certain amount may only warrant probation the first time. But, if you are convicted of theft a second time, a judge may decide to send you to jail for up to nine months.
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