Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> Bases for Aggravating Sentencing Factors (Part 3)

September 1, 2019 by Fred Sisto

Bases for Aggravating Sentencing Factors (Part 3)

Justice Patterson concluded with the following: We find no error in the trial court’s reliance on defendant’s criminal record both to determine defendant’s “persistent offender” status under N.J.S.A. 2C:44-3(a) and to support the court’s finding of aggravating factors three, six, and nine. Indeed, in our decision in Pierce, we envisioned that the defendant’s criminal record may be relevant in both stages of the sentencing determination. We held that a sentencing court must first, on application for discretionary enhanced-term sentencing under N.J.S.A. 2C:44-3(a), review and determine whether a defendant’s criminal record of convictions renders him or her statutorily eligible. If so, whether the court chooses to use the full range of sentences opened up to the court is a function of the court’s assessment of the aggravating and mitigating factors, including the consideration of the deterrent need to protect the public.

In that crucial inquiry, defendant’s prior record is central to aggravating factor six, and may be relevant to other aggravating and mitigating factors as well. See N.J.S.A. 2C:44-1(a) and (b); see also State v. McDuffie, (App. Div. 2017) (rejecting, “as lacking merit,” the defendant’s claim that the sentencing court “impermissibly double-counted his criminal record, when granting the State’s motion for a discretionary extended term, and again, when imposing aggravating factor six, which considers the extent and seriousness of a defendant’s prior record”).

Accordingly, the trial court properly considered defendant’s criminal record in deciding defendant’s statutory eligibility for an extended term, and in weighing aggravating and mitigating factors to determine that such a term was warranted. The judgment of the Appellate Division is affirmed as modified.

Justices LaVecchia, Fernandez-Vina, and Solomon joined in Justice Patterson’s opinion. These are historically the four most pro-prosecution justices on the present Supreme Court. Although Justice LaVecchia tends to be more of a swing vote with regard to criminal law matters.

Chief Justice Rabner filed an opinion concurring in part and dissenting in part, in which Justice Timpone joins. Justice Albin filed a dissenting opinion. These dissents were based on other grounds, namely the admission at trial of the defendant’s post-arrest statements in violation of his Miranda rights. The competing dissents disagreed on whether the error in admitting the defendant’s statements was harmless or whether it requires a reversal of his conviction.

Filed Under: Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Testimonials

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   
See More Testimonials

Recent Posts

  • Restraining Orders and Statutory Immunity (Part 2)
  • Restraining Orders and Statutory Immunity (Part 1)
  • Mistrials and Double Jeopardy (Part 4)
  • Mistrials and Double Jeopardy (Part 3)
  • Mistrials and Double Jeopardy (Part 2)
  • Mistrials and Double Jeopardy (Part 1)
  • Stalking and Criminal Mind State (Part 3)
  • Stalking and Criminal Mind State (Part 2)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership
 
Top Criminal Defense Attorney in Brick

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Brick Township Office*:
223 Drum Point Road, Suite 1
Brick Township, NJ 08723

Sea Girt Office*:
2150 NJ-35,
Suite 225
Sea Girt, NJ 08750

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY

en English
en Englishes Spanish