Asked in Criminal Law for Illinois

Q: aggravating factors

can aggravating factors be used to extend the sentencing range after defendant already agreed to open plea on original sentencing range

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1 Lawyer Answer
Brian Polinske
Brian Polinske
  • Criminal Law Lawyer
  • Edwardsville, IL
  • Licensed in Illinois

A: Not typically. In fact, if the State is seeking extended sentencing they must make this known prior to the time of the plea. The offender must be notified of the State's intent prior to making a plea of guilty. That being said, aggravating factors are definitely allowed in a sentencing hearing. The State presents aggravating factors at that hearing. The Defendant presents mitigating factors. Sentencing hearings are explained by 720 ILCS 5/5-4-1. Factors in aggravation are stated at 720 ILCS 5/5-5-3.2 and factors in mitigation at 720 ILCS 5/5-5-3.1.

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