Reducing Sentences in Violent Crime Cases: How We Can Help You
If you are accused of conducting a violent crime, the severity of the situation will affect the length of any sentence. That being said, there are methods you can explore in order to help you reduce your sentence.
In this blog, we give information regarding reducing sentences in violent crimes cases: How we can help you.
JD Solicitors are a fully (SRA) regulated law firm with a team of highly qualified and specialist solicitors. Our solicitors recognise that being investigated or charged with a serious criminal offence is a daunting prospect.
Our specialist advice and reassurance, from the first phone call through to the conclusion of the case, is the bare minimum of what we offer when it comes to our clients.
What counts as violent crime?
It’s important to note that this is not an exhaustive list, and there are many other offences aside from the ones shared below that could be considered violent crimes depending on the specific circumstances of the case.
- Wounding with Intent: This offence involves intentionally wounding another person.
- Grievous Bodily Harm (GBH): This offence involves causing serious harm to another person.
- Assault and Battery: These offences involve intentionally applying force to another person, or causing them to apprehend immediate unlawful violence.
- Murder: This is the unlawful killing of another person with malice aforethought.
- Manslaughter: This is the unlawful killing of another person without malice aforethought.
- Knife Crime: This includes offences such as possession of a knife in a public place and knife-related assaults.
- Gun Crime: This includes offences such as possession of a firearm and firearm-related assaults.
- Hate Crime: This is any crime motivated by hatred or prejudice based on a person’s race, religion, sexual orientation, disability, or transgender identity.
- Domestic Violence: This is any form of abuse perpetrated by someone in an intimate relationship with the victim.
Based on the circumstances of the case, an individual can be charged with a combination of these charges and more if applicable.
Can Self-defence Become a Violent Crime?
Yes, if the force used in self-defence is deemed excessive or unreasonable, it can lead to criminal charges.
The courts will consider factors such as the nature of the threat and the severity of the harm caused by the defendant’s actions. Additionally, two key factors include whether the defendant could have retreated from the situation, and the defendant’s mental state at the time of the incident.
It’s essential to exercise caution and restraint when using force in self-defence. If you found yourself in a situation where you believe self-defence is necessary, it’s advisable to seek legal advice to understand your rights and responsibilities.
Always remember, that self-defence should be only be a last resort, and never the first response. And if you do defend yourself, maintain restraint and control, try to defuse the situation, run if you need to. You should not continue to defend yourself if your opponent has stopped their pursuit of you.
Reducing sentences in violent crime cases: How we can help you
Mitigating factors can play a significant role in sentencing decisions. These factors can potentially reduce a sentence for violent crime in UK courts. These factors are not a guarantee of a reduced sentence, but may help.
In reality, the possibility of reducing your sentences is entirely dependent on the nature and extent of the crime, in addition to any previous convictions etc. Here are some possibilities that can contribute to a reduced sentence.
Remorse and Acceptance of Responsibility
Demonstrating genuine remorse and taking responsibility for the crime can significantly impact the court’s view. This can be shown through a heartfelt apology, cooperation with the authorities, and participation in rehabilitation programs.
Mental Health Issues
If an offender has a diagnosed mental health condition that contributed to the crime, this can be used as a mitigating factor. However, it’s important to have professional evidence to support this claim. It can’t be used as a reason if there is no evidence of a diagnosis etc.
Substance Abuse
If the crime was committed under the influence of drugs or alcohol, and the offender is actively seeking treatment, it can be considered a mitigating factor.
Provocation
In rare cases, if the victim provoked the offender, this can be used to argue for a reduced sentence. However, this is a complex legal argument and requires careful consideration, in addition to evidence to support this claim.
Family/ Upbringing Circumstances
Difficult family circumstances, such as abuse or neglect, can be considered mitigating factors, especially if they contributed to the offender’s behaviour.
On the other hand, if the offender has a clean criminal record or has demonstrated good character before the offence, this can be used to argue for a reduced sentence. Furthermore, If the offender cooperated with the police during the investigation, this can be seen as a positive factor.
The situation makes all the difference
Despite the factors mentioned above, some may be irrelevant, it just depends on the crime itself. The severity of the crime will always be a primary factor in sentencing.
When it comes to an offender, it’s crucial to have a skilled solicitor who can effectively present mitigating factors to the court and argue for a reduced sentence. The impact of mitigating factors can vary depending on the specific circumstances of the case. Each case is unique, and the court will consider all relevant factors before making a sentencing decision.
Proving a false allegation of violent crime
Proving against a false allegation of violent crime requires a meticulous approach and can be a complex process. After seeking legal council, your lawyer will guide you through the legal process and advocate for your rights.
Remain Calm and Seek Legal Counsel
Immediately upon being accused, stay calm and avoid any contact with the accuser or law enforcement without legal representation.
Gather Evidence
Your lawyer will help you gather evidence that supports your innocence. This may include, alibi evidence, medical records, witness statements, texts, emails, and social media posts.
Challenge the Accuser’s Credibility
If there are inconsistencies in the accuser’s statements or if their credibility is questionable, your lawyer can challenge their testimony in court.
Expert Witnesses:
Depending on the nature of the case, expert witnesses may be called to provide specialised knowledge or analysis.
Cooperate with the Investigation:
While maintaining your innocence, it is important to cooperate with the police investigation. This includes providing truthful statements and answering questions honestly.
Prepare for Trial:
If the case proceeds to trial, your lawyer will prepare a strong defence strategy, including cross-examining witnesses, presenting evidence, and arguing your case persuasively.
Related articles:
Legal representation for violent crime
If you are facing criminal charges, JD Solicitors Can Help. JD Solicitors is a respected criminal defence firm known for our successful track record. Our team of experienced solicitor s has extensive experience defending clients against a wide range of criminal accusations.
We represent clients throughout England and Wales, and we’re committed to achieving the best possible outcome for your case.
We understand the urgency of seeking legal advice in criminal matters. That’s why we offer a 24-hour call-out service for those detained in police custody. This ensures we can address your needs immediately.
In this blog, we hope to have provided helpful information regarding reducing sentences in violent crime cases: How we can help you.
For immediate advice, call us at 01902 943726.
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