Washington Motion to Bar Use of Certain Aggravating Circumstances
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How to fill out Motion To Bar Use Of Certain Aggravating Circumstances?
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FAQ
An upward dispositional departure occurs when the court executes sentence in situations where the sentencing guidelines call for a stay of execution. A downward dispositional departure occurs when the court stays execution of sentence when the guidelines call for execution of sentence.
Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal. Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime.
Stipulated Order of Continuance (SOC) The defendant is required to waive his or her right to a speedy trial and to agree to submit the case on the basis of the police reports if the conditions are not satisfied.
Downward departure refers to a situation where a judge imposes a sentence below the guideline range due to specific mitigating factors. This process allows for greater flexibility in sentencing and acknowledges that each case is unique and that the guidelines do not adequately address all circumstances.
An exceptional sentence must be for a determinate term and cannot exceed the statutory maximum for the crime. An exceptional sentence cannot include a term less than a mandatory minimum term of confinement if one exists.
An aggravated sentence is one that is higher than the default. An excellent example of this is if someone attempts to stab another person with a knife during a fight. The individual is convicted of assault with a deadly weapon. Therefore, a sentence of two, three, or four years is possible.
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You use exceptional to describe someone or something that has a particular quality, usually a good quality, to an unusually high degree. ...children with exceptional ability. His translation is exceptional in its poetic quality. He's an exceptionally talented dancer.