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.

Related Topics:
1 Lawyer Answer
Louis A Casadia
Louis A Casadia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.