Common Aggravating Factors in California Sentencing - CRC § 4.421

Overview

In California criminal cases, judges have discretion to impose a low, middle, or high term sentence for most felony offenses. What determines that choice? The presence of aggravating or mitigating factors.

Aggravating factors are facts that make the crime more serious in the eyes of the court. They can lead to longer prison sentences, denial of probation, and harsher overall consequences—even when the base offense is non-violent or first-time.

At Jones Trial Attorneys, we proactively challenge aggravating factors at sentencing and use strategic mitigation to reduce exposure and improve outcomes.

What Are Aggravating Factors?

Aggravating factors are listed in California Rules of Court, Rule 4.421 and may also include judicially recognized facts. They fall into two main categories:

1. Crime-Based Aggravators – Related to how the offense was committed

2. Defendant-Based Aggravators – Related to the individual’s history or conduct

Common Crime-Based Aggravating Factors

• The crime involved great violence, bodily harm, or threat of harm

• The victim was particularly vulnerable (e.g., elderly, disabled, child)

• The offense was carried out with planning or sophistication

• The defendant was the leader or active participant in a criminal scheme

• The offense involved a large quantity of contraband, drugs, or money

• The crime violated a position of trust (e.g., caregiver, employer)

Common Defendant-Based Aggravating Factors

• The defendant has prior convictions, particularly violent or numerous ones

• The defendant was on probation, parole, or pretrial release at the time of the offense

• The defendant’s performance on prior supervision was unsatisfactory

• The defendant has failed to comply with previous court orders or diversion terms

Why Aggravating Factors Matter

If aggravating factors are found true:

• The judge may impose the high term sentence

• The defendant may be denied probation or early release

• The case becomes ineligible for certain reductions or relief

• Prosecutors may use them to argue for enhancements or strike treatment

As of 2022, SB 567 (The Fair Sentencing Act) requires that aggravating factors be proven to a jury beyond a reasonable doubt (unless stipulated). This gives defense counsel powerful tools to object and limit sentencing exposure.

Fighting Aggravating Factors

At Jones Trial Attorneys, we:

• Challenge the sufficiency of aggravating evidence

• Object to aggravating factors not properly alleged or proven

• File sentencing memoranda to propose mitigating alternatives

• Present character evidence, expert testimony, and psychological evaluations

• Use favorable background, rehabilitation, or lack of prior record to push for leniency

Mitigating Factors Can Offset the Harm

California law also allows the court to consider:

• The defendant’s lack of prior criminal record

• Evidence of remorse or efforts at rehabilitation

• Participation in mental health or addiction treatment

• Youth, immaturity, or duress during the offense

• Minimal role in the offense

How Jones Trial Attorneys Can Help

Sentencing isn’t just a formality—it’s a battleground. Our team works early and aggressively to reduce sentencing exposure by:

• Litigating aggravating factors

• Presenting compelling mitigation

• Negotiating non-custodial outcomes

• Filing post-conviction sentencing reduction motions when appropriate

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Facing Felony Sentencing? Let’s Fight to Reduce It.

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