Criminal penalties serve as a punishment for misconduct and a deterrent for others. The sentence handed down by the Oregon criminal courts should adhere to state law. The statutes in Oregon establish minimum penalties for some offenses and maximum sentences for most criminal convictions.
Typically, those who plead guilty or get convicted must serve the sentence imposed by the courts. However, some defendants recently convicted of Oregon offenses may believe that the courts erred when handing down their sentences.
Provided that a defendant acts promptly with the guidance of a criminal defense attorney, it may be possible to request post-conviction relief after a criminal trial. In some cases, defendants may be eligible for a modification of their sentence.
When is a sentence modification possible?
There are multiple scenarios in which a defendant could be eligible for a reduced sentence when they seek post-conviction relief. In some cases, an attorney can demonstrate that the sentence imposed does not align with Oregon state statutes. An inappropriately harsh sentence can constitute a violation of a defendant’s rights and make them eligible for relief.
Other times, dissent among jury members could help strengthen a claim to review and potentially reduce the sentence imposed. New evidence, including exculpatory evidence that could change how the courts view a defendant’s conduct or personal history, could also help justify a request for a reduced sentence. Finally, proof that the defendant did not receive adequate legal counsel during a trial could make them eligible for a reduced sentence.
Post-conviction relief can diminish the lasting impacts of a recent criminal conviction. Reviewing different options with a defense attorney can help those serving an Oregon sentence request appropriate relief via proper legal procedures.