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 >> Sentencing Downgrade (Part 7) – Tanco-Brito cont.

January 16, 2016 by Fred Sisto

Sentencing Downgrade (Part 7) – Tanco-Brito cont.

The Appellate Court also endorsed the trial court’s finding that the lack of any prior firearms offenses made Tanco-Brito’s firearm offense “seem out-of-character.” This was endorsed as a “compelling reason in addition to mitigating factor” eight (conduct was the result of circumstances unlikely to recur) and nine(the character and attitude of the defendant indicate that he is unlikely to commit another offense), which were both found by the trial court.

The Tanco-Brito Court continued: “Accordingly, there appears to this court to be a lesser need to deter defendant from further crimes to protect the public from. Thus the court finds that the need for deterrence is somewhat neutralized in this matter. Moreover, a lesser sentence should have a sufficient deterring effect on defendant as he has little experience with the criminal justice system.” Id.

In directly addressing the nature of the offense, the Tanco-Brito Court held: Second, in applying the interest of justice standard, the severity of the crime remains the single most important factor in considering whether the interest of justice demands a downgrade. The crime committed, while serious, seems aberrational. And although classified as a second-degree crime, in this particular set of circumstances relates to a lesser degree offense as it is a regulatory violation. Id. at 12. Here, the aberrational nature, i.e. Tanco-Brito’s lack of any history of firearms offenses was again given credit as a “compelling factor in addition to the mitigating factors”, while mitigating factor seven (lack of a prior record) was still found.

The Appellate Division concluded: The State’s argument that there are no compelling reasons to downgrade the sentence is belied by the record. Judge Bariso found multiple compelling reasons to downgrade the offense, including that the nature and severity of the crime in this case was a regulatory offense not in connection with any other crimes. Moreover, Judge Bariso made this determination independently of the mitigating factors which substantially outweighed the single aggravating factor found. Id. Thus, the Appellate Division also placed great weight on the fact that although the offense was one of the second degree with enhanced penalties, “it was not in connection with any other crimes.”

Filed Under: Blog, Criminal Law, Jail Time and Probation

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

  • Plea Agreements and New Charges (Part 2)
  • Plea Agreements and New Charges (Part 1)
  • Youth and Withholding Imprisonment (Part 2)
  • Youth and Withholding Imprisonment (Part 1)
  • Marijuana and Diversionary Programs (Part 4)
  • Marijuana and Diversionary Programs (Part 3)
  • Marijuana and Diversionary Programs (Part 2)
  • Marijuana and Diversionary Programs (Part 1)

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