How Much Discretion Does An Indiana Judge Have In Deciding A Criminal Sentence?
Indiana divides felony offenses into six categories. Level 1 felonies are the most serious offenses. Each felony level has its own sentencing range. For example, a Level 6 felony–representing the least serious felonies–carries a prison term of between 6 months and 2.5 years.
Within each felony class there is also an “advisory sentence” that reflects the baseline prison term a court should impose. Continuing with the prior example, a Level 6 felony has a 1-year advisory sentence. A judge has the discretion to depart from the advisory sentence upward or downward–so long as it stays within the overall statutory range–based on the presence of “aggravating” or “mitigating” circumstances.
Indiana Man Receives 4-Year Sentence for Sexual Battery
To give a practical example of how all this works, here is a recent decision from the Indiana Court of Appeals. In Stojkovic v. State, the defendant had attended a pre-wedding dinner for himself and his fiancée. One of the fiancée’s bridesmaids became intoxicated at the party and was driven back to the defendant’s home by another member of the wedding party. Later that night, the bridesmaid alleged, she awoke to find the defendant on top of her performing sexual acts.
Prosecutors charged the defendant with Level 3 felony rape and three counts of Level 6 felony sexual battery. A jury ultimately convicted the defendant on two of the Level 6 felony counts as well as Class B misdemeanor battery, which was a lesser included offense on the Level 3 rape charge.
The judge imposed concurrent sentences of 2 years each on the sexual battery counts–double the advisory sentence for a Class 6 conviction–based on several aggravating factors, including the victim’s impact statement, defendant’s prior convictions for alcohol-related offenses, and the fact he was already on probation for operating a vehicle while intoxicated when he committed the Level 6 felonies. The judge also commented on the fact the defendant was “on the verge of being married” and caring for his 17-year-old son at the time of these offenses.
The defendant appealed his sentence, arguing the court considered “several aggravating factors that are inappropriate as a matter of law or not supported by the record,” including the comments about his family situation. The Court of Appeals rejected that argument and upheld the enhanced sentence. The appellate court noted that “a single aggravating factor may justify an enhanced sentence.” And in this case, there were multiple factors. So even if the trial court improperly counted the defendant’s family status as an aggravating factor, the higher sentence could still be justified by the remaining factors cited by the trial court.
Contact Rigney Law LLC Today
Judges have substantial discretion in determining a criminal sentence. That is why it is important for a defendant to put their strongest case forward even after they have been found guilty. A qualified Indianapolis sex crime lawyer can represent you throughout the trial and sentencing process. Contact Rigney Law LLC today to schedule a free consultation with a member of our criminal defense team.
Source:
scholar.google.com/scholar_case?case=2537935648644030199
