Fairfield Second-Degree Harassment Sentencing
Fairfield second-degree harassment sentencing is when the outcome of an individual’s case is decided. That is why it is important for those who have been charged with harassment in the second-degree to work with skilled harassment attorneys that could advocate for them. An experienced legal advocate could work towards a positive outcome for those facing harassment charges.
Sentencing Process for Second-Degree Harassment
The process for sentencing a second-degree harassment conviction in Fairfield involves a Fairfield second-degree harassment sentencing at a sentencing hearing after the defendant is convicted. At the hearing, the defense attorney would make statements on behalf of the defendant and the prosecutor would make statements. The alleged victim and defendant would also have a chance to make a statement. Then the judge would impose a sentence.
A sentence for a second-degree harassment conviction would be determined in Fairfield by taking all these factors that occur at the sentencing hearing into account. Then the judge would make a sentence, but it may not ever exceed three months in jail by statute.
How a Previous Criminal Record Could Impact a Case
In the event that someone arrested for second-degree harassment has a criminal history, it typically would not impact the case in a major sense. It might make a person not eligible for the accelerated rehabilitation program or any other pretrial diversionary program. The only way that it would majorly affect the case is if the person is a convicted felon and has intentionally made a threat to kill or injure another person by phone, fax, email, mail, or any form of electronic communications. They could be charged with harassment in the First degree under 53(a)-182(b), which is a Class B felony and much more serious. It carries a maximum of five years in jail.
Motions to Suppress Evidence
A motion to suppress evidence is a motion to keep any evidence out of the trial that was illegally obtained in violation of the defendant’s constitutional rights. A motion to suppress evidence might impact a second-degree harassment case because it might result in crucial evidence for the prosecution being omitted from the trial due to it being illegally obtained. The prosecution may not have much evidence to use in trial and would be more willing to negotiate a deal with the defense attorney.
Appeals for Second-Degree Harassment
When a person is convicted of second-degree harassment, they are always eligible for an appeal if they are convicted following a trial. They are also eligible for an appeal if they are convicted after taking a plea, but this is much harder for an appeal to be granted. They would have to base their appeal on the fact that they were not properly advised of their constitutional rights or what they were pleading to during the plea canvas. However, an individual accused of second-degree harassment is not able to re-apply for an appeal. If the appeal process is successful, the conviction of second-degree harassment is either overturned or remanded for a new trial based on a specific legal principle. If an individual wants to know more about appealing a Fairfield second-degree harassment sentencing, they should speak with a capable harassment attorney that could fight for them.