Legal Question in Criminal Law in California

Re: allegation fo circumstances in aggrevation

Factors in aggravation are factors about either the crime or the individual that justify an increase in sentence. A copy of a portion of the factors in aggravation are set forth below.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 1991.)

(b) Facts relating to the defendant

Facts relating to the defendant include the fact that:

(1) The defendant has engaged in violent conduct that indicates a serious danger to society;

(2) The defendant's prior convictions as an adult or sustained petitions in juvenile delinquency proceedings are numerous or of increasing seriousness;

(3) The defendant has served a prior prison term;

(4) The defendant was on probation or parole when the crime was committed; and

(5) The defendant's prior performance on probation or parole was unsatisfactory.

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1991.)

(c) Other facts