Downward Durational Departure

Shortening the length of a felony sentence

The evidence against me is strong, and I do not like the plea offer I have been given, what should I do?

In many criminal cases, it is simply not possible to get the case dismissed or to win at trial. If you are facing an unattractive sentence and cannot beat the case, you may need to argue to the judge about what your sentence should be. This means you will need to request a downward departure from the judge. There are two types of downward departures: durational and dispositional. This article will explain durational departures. See the article Downward Dispositional Departure for an explanation of departures in general, and downward-dispositional departures.

What is a downward durational departure?

For all felony offenses, the presumptive sentence is either go to prison, or be placed on probation, with prison time hanging over your head in case you violate the conditions of probation. In either case, you can argue for a downward durational departure, where the length of time you go to prison can be shortened, or the amount of time you face if you violate probation can be shortened. For example, if you are facing 86 months of prison, you could argue that you should only have to serve 40 months in prison. Another example is if you are going to be convicted of a felony but not go to prison, you could argue that the judge should sentence you to 364 stays of jail, and then by law your conviction would become a gross misdemeanor because of the shorter sentence. Overall, a successful downward durational departure argument can shorten the length of your sentence or even change your conviction from a felony to a gross misdemeanor.

How can I get a downward durational departure?

The most common way to achieve a downward durational departure is to show the judge that your conduct during the offense was significantly less serious than the typical offense. However, there are other ways to argue for a downward durational departure. You may also argue that your remorse lessened the severity of the offense, the victim was the aggressor, or other reasons that lessen your guilt. Downward durational departures can be complicated arguments, so its best to have an experienced criminal defense attorney review your case.

How do I show that my offense is significantly less serious than the typical offense?

This is a difficult argument that requires looking at the elements of the crime, similar cases, and distinguishing yourself from most offenders. A good criminal defense attorney will do significant legal research and submit a written legal argument to the court before sentencing. Unlike a downward dispositional departure, the judge is not allowed to consider your personal characteristics when deciding whether to grant you a shorter sentence, but must just look at the offense conduct.

The Attorneys at Sieben & Cotter are experienced criminal defense attorneys that have obtained many downward durational departures for clients convicted of several different types of offenses. For a free consultation, call Sieben & Cotter at 651-455-1555, or send a request for more information.