In Minnesota Criminal Sentencings, Not Every Departure Motion is the Same and Neither are the Outcomes
Standing in front of a Minnesota Judge on sentencing day can be an excruciating experience for somebody convicted of a crime. The Minnesota Sentencing Guidelines provide a framework for how much prison time a Defendant “should” receive for a felony conviction. However, there may be ways around the Guidelines, both to make it better or to make it worse. One kind of departure is called a dispositional departure and another is called a durational departure. They sometimes get confusing but they are very different. An experienced criminal defense attorney can argue for the right kind of departure at sentencing. Even more, knowing this at the beginning of a criminal case may change the approach to the entire case. Contact Jack Rice Defense for a free confidential consultation.
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It is important to remember that departures in Minnesota can go both directions. There may be circumstances where Minnesota prosecutors could seek “aggravated” departures. These are frequently known as upward departures. On the other side, an experienced criminal defense attorney should be seeking a so-called mitigated departure often referred to as a downward departure.
Dispositional Departures
Mitigated Dispositional Departure - A mitigated dispositional departure is a departure in which a judge would announce a prison sentence according to the Minnesota Sentencing Guidelines but then stay the execution of the sentence. What this means is that the Defendant does not have to go to prison and is placed on probation.
Aggravated Dispositional Departure - In the alternative, there could be circumstances where a certain felony conviction should not require prison according to the Minnesota Sentencing Guidelines and the prosecutor seeks and the Judge sentences the Defendant to prison anyway. This would be considered an aggravated dispositional departure.
Durational Departures
Mitigated Durational Departure - In a mitigated durational departure, the Judge sentences the Defendant to prison according to the Minnesota Sentencing Guidelines. However, the Judge actually sentences the person to less time than recommended by the Guidelines.
Aggravated Durational Departure - There are circumstances, however, where a prosecutor will seek and a Judge could ignore the recommendations from the Minnesota Sentencing Guidelines and actually sentence a Defendant to even more time in prison. This is called an Aggravated Durational Departure.
Don’t trust your life to somebody who thinks they can “wing it.” This is no time for second best.
There are many factors that can impact a criminal sentencing in Minnesota. Understanding not just dispositional and durational departments and mitigating and aggravating factors but how to mitigate is a skillset that an experienced criminal defense attorney can only learn under fire. This takes years of time and thousands of sentencing to master. Don’t trust your life to somebody who thinks they can “wing it.” This is no time for second best.
Contact St. Paul based Jack Rice Defense for a free confidential consultation. Jack has decades of experience, is a Board Certified Criminal Law Specialist, a former prosecutor and will create a comprehensive custom criminal defense strategy to defend you. Contact Jack Rice Defense or call 651-447-7650 or 612-227-1339.