Ocala, FL asked in Criminal Law for New Jersey

Q: Does 14 depend on 13? Will age only be considered if the person was influenced by someone more mature?

Committed murder at age 21 and was sentenced to 65 years. No parole eligiblity for 30 years.

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Louis A Casadia
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Answered
  • Criminal Law Lawyer
  • Hammonton, NJ
  • Licensed in New Jersey

A: I am assuming you are referring to Mitigating Factor 14 and 13. They are separate factors that the Court must consider at sentencing. You do not have to have Factor 13 apply in order for 14 to be considered. However, Mitigating Factor 14 was just recently added several years ago so if the offense and sentencing occurred before that then it does not apply to that case. Meaning, you can't get a new sentencing if you were sentenced before they added Mitigating Factor 14 solely on the basis that the Court did not consider that factor before it existed.

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