Fighting For My Reputation

Grounds For Reducing Your Criminal Sentence

26 June 2018

Luke Warren

Not every person convicted of a crime is destined to serve their entire sentence. For example, there are legal grounds you can use to modify your sentence and reduce it. Here are some of those legal grounds.

Your Sentence Doesn't Carry A Mandatory Sentence

Some crimes carry mandatory sentences upon convictions. If that is the case with your conviction, then you shouldn't expect a reduction beyond the mandatory sentence. For example, if possession of a certain drug carries a mandatory sentence of three years' incarceration, then you aren't likely to get a modification and enjoy a sentence shorter than three years. Therefore, one of the first things you need to prove when seeking a modification is that it will not violate a mandatory sentencing law.

New Laws Have Affected Your Sentence

You may also be a candidate for sentence modification if new legislation that affects your case has been enacted. In such a case, you have to petition the court to allow you to enjoy the benefits of the new law. For example, if you were convicted of a crime that carried a mandatory incarceration period of seven years, but a new law has reduced it to five years, you may petition the government to apply the law retrogressively for your case.

Your Sentence Is Illegal

An illegal sentence is one that is not authorized by law. It doesn't mean that you are innocent; rather, it means that you were rightly convicted, but the punishment you received isn't authorized by existing laws. An example of an illegal sentence is a prison term handed out by a court that did not have jurisdiction over your case in the first place. Proving that your sentencing was illegal may allow you a chance at modification.

You Have Been Cooperating With the Authorities

Authorities sometimes allow for modification of sentences for inmates who cooperate with them. This is like a plea deal, but the difference is that it takes place after you have been convicted and sentenced. For example, you may be asked to provide information on your criminal associates or act as a witness for crimes committed during your incarceration in exchange for a reduced sentence. In such cases, the authorities may inform you in advance the kind of modification you may enjoy if you cooperate with them.

Therefore, don't lose hope just because you have been convicted. Contact a law office like The Law Offices Of Jesse P Duran to see if there is any ground you can use to seek sentence modification.

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