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Felony Judgment Findings Of Aggravating And Mitigating Factors CR-605 - North Carolina
| Felony Judgment Findings Of Aggravating And Mitigating Factors Form. This is a North Carolina form and can be used in Criminal Statewide . |
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STATE OF NORTH CAROLINA County Name Of Defendant Offense File No. In The General Court Of Justice District Superior Court Division FELONY JUDGMENT FINDINGS OF AGGRAVATING AND MITIGATING FACTORS (STRUCTURED SENTENCING) STATE VERSUS NOTE: When consolidating offenses for judgment, findings of aggravating factors and mitigating factors should be made only for the most serious offense. Separate findings of aggravating factors and mitigating factors should be made for each offense that is not consolidated. G.S. 15A-1340.16 1. The Defendant: 2. The defendant joined with more than one other person in committing the offense and was not charged with committing a conspiracy. 2a. The offense was committed for the benefit of, or at the direction of, any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, and the defendant was not charged with committing a conspiracy. 3. The offense was committed for the purpose of: b. effecting an escape from custody. a. avoiding or preventing a lawful arrest. 4. The defendant was: a. hired to commit the offense. b. paid to commit the offense. 5. The offense was committed to: a. disrupt the lawful exercise of a governmental function or the enforcement of laws. b. hinder the lawful exercise of a governmental function or the enforcement of laws. 6. The offense was committed against or proximately caused serious injury to a present or former law enforcement officer, employee of the Division of Adult Correction, jailer, fireman, emergency medical technician, ambulance attendant, social worker, justice or judge, clerk or assistant or deputy clerk of court, magistrate, prosecutor, juror, or witness against the defendant, while engaged in the performance of that person's official duties or because of the exercise of that person's official duties. 6a. The offense was committed against or proximately caused serious harm as defined in G.S. 14-163.1 or death to a law enforcement agency animal, an assistance animal, or a search and rescue animal (Applies to offenses committed on or after December 1, 2009.) as defined in G.S. 14-163.1, while engaged in the performance of the animal's official duties. 7. The offense was especially heinous, atrocious or cruel. 8. The defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person. 9. (select appropriate option depending on date of offense) a. (use for offenses committed prior to December 1, 2012) The defendant held public office at the time of the offense and the offense related to the conduct of the office. b. (use for offenses committed on or after December 1, 2012) The defendant held public elected or appointed office or public employment at the time of the offense and the offense directly related to the conduct of the office or employment. (NOTE: The court must 10. The defendant: . b. used a deadly weapon at the time of the crime. a. was armed with a deadly weapon at the time of the crime. 11. The victim was: a. very young. b. very old. c. mentally infirm. d. physically infirm. e. handicapped. 12. The defendant committed the offense while on pretrial release on another charge. 12a. The defendant has, during the 10-year period prior to the commission of the offense for which the defendant is being sentenced, been found by a court of this State to be in willful violation of the conditions of probation imposed pursuant to a suspended sentence or been found by the Post-Release Supervision and Parole Commission to be in willful violation of a condition of parole or post-release supervision imposed pursuant to release from incarceration. The Court finds this aggravating factor beyond a reasonable doubt. (Applies to offenses committed on or after December 1, 2008.) 13. The defendant involved a person under the age of 16 in the commission of the crime. 14. The offense involved: a. an attempted taking of property of great monetary value. b. the actual taking of property of great monetary value. c. damage causing great monetary loss. d. an unusually large quantity of contraband. 15. The defendant took advantage of a position of trust or confidence, including a domestic relationship, to commit the offense. . 16 The offense involved the sale or delivery of a controlled substance to a minor. 16a. The offense is the manufacture of methamphetamine and was committed where a person under the age of 18 lives, was present, or was otherwise endangered by exposure to the drug, its ingredients, its by-products, or its waste. 16b. The offense is the manufacture of methamphetamine and was committed in a dwelling that is one of four or more contiguous dwellings. 17. The offense was committed against a victim because of the victim's race, color, religion, nationality, or country of origin. 18. The defendant does not support the defendant's family. 18a. The defendant has previously been adjudicated delinquent for an offense that would be a Class A, B, C, D, or E felony if committed by an adult. The Court finds this aggravating factor beyond a reasonable doubt. . 19. The victim of this offense suffered serious injury that is permanent and debilitating. 20. Additional written findings of factors in aggravation: notify the State Treasurer as required by G.S. 15A-1340.16(f).) a. induced others to participate in the commission of the offense. b. occupied a position of leadership or dominance of other participants in the commission of the offense. AGGRAVATING FACTORS The Court accepts the defendant's admission to the aggravating factor(s) noted above and finds the supporting evidence to be beyond a reasonable doubt. The jury finds these aggravating factors beyond a resonable doubt. There are no findings of any aggravating factors. AOC-CR-605, Rev. 12/12 © 2012 Administrative Office of the Courts Material opposite unmarked squares is to be disregarded as surplusage. (Over) American LegalNet, Inc. www.FormsWorkFlow.com MITIGATING FACTORS 1. The defendant committed the offense under: a. duress which was insufficient to constitute a defense but significantly reduced the defendant's culpability. b. coercion which was insufficient to constitute a defense but significantly reduced the defendant's culpability. c. threat which was insufficient to constitute a defense but significantly reduced the defendant's culpability. d. compulsion which was insufficient to constitute a defense b
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