3 New Mitigating Factors in Plea Bargaining for Survivors of Violence

Mar 15, 2022

California-AB-124.png

Have you been charged or convicted with a crime, but are a survivor of violence? You may be eligible for a plea bargain or resentencing, that considers your status as a victim of violence. This violence can be psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.

What is AB 124?

AB 124 expands relief for a nonviolent crime arrest or conviction to be vacated if a person was the victim of intimate partner violence or sexual violence. The new law also allows the defense to be used when the crime in question was a serious felony or a charge of human trafficking. Additionally, the defense can now be used when the victim was coerced to commit the offense as a direct result of being a victim of intimate partner violence or sexual violence at the time of the offense and had a reasonable fear of harm. 

3 Mitigating Factors

AB 124 PC 1016.7 has 3 mitigating factors the Prosecutor must consider in plea bargaining:
(a) In the interest of justice, and in order to reach a just resolution during plea negotiations, the prosecutor shall consider during plea negotiations, among other factors, the following circumstances as factors in support of a mitigated sentence if any of the following were a contributing factor in the commission of the alleged offense:
(1) The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.
(2) The person is a youth, or was a youth at the time of the commission of the offense.
(3) Prior to the instant offense, or during the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking.
(b) A “youth” for purposes of this section includes any person under 26 years of age on the date the offense was committed.

How Can a Criminal Defense Lawyer Help?

The process can be complex, and a legal argument must be made with clear and convincing evidence that the crime was related to the defendant’s status as a victim of violence. If you have been arrested and charged with a crime, you may be eligible for a plea bargain that considers your status as a victim of violence. If you have already been convicted, you may be eligible for resentencing. If you are a survivor of violence and think AB 124 applies to your circumstance, contact us at once for your free consultation. We are committed to providing the best criminal defense for you.




Category: Criminal Defense

Michael Mitchell

Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.


Home  |  Disclaimer  |  Site Map  |  Contact Us  |  Fresno DUI Lawyer Near Me | Fresno Criminal Attorney Near Me | Fresno DUI Attorney Near Me

Mitchell Law Group, Inc.
334 W. Shaw Avenue, Suite A Fresno, CA 93704
Phone: 559-222-2424

Fresno Criminal and DUI Attorney
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.  Testimonials displayed on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter

Michael E. Mitchell, at the Mitchell Law Group, Inc., is one of the top DUI defense attorneys in Fresno, California. He has over a decade of experience handling DUI cases throughout the Central Valley, including in Clovis, Madera, Tulare, Visalia. He is a certified field sobriety instructor and practitioner under the standards of the National Highway Traffic Safety Administration (NHTSA) and is a member of the California DUI Lawyers Association. His advice and knowledge is, routinely, sought after by other attorneys practicing in the area of DUI defense. He is an expert in the area of DUI defense in both Federal, State, and on the Appellate level. If your looking for the best DUI Lawyer in Fresno to handle your case, give us a call today to see how we can put our knowledge to work for you.