A downward durational departure during the sentencing phase of trial is essentially a negotiation tactic by the defense to push for a reduced or shortened sentence in their felony case. We’ll do everything we can to help you win your case, but sometimes you are up a proverbial creek without a paddle. In situations where the evidence against you is strong and you do not agree with any potential plea deal, you may be able to take your chances with a downward durational departure. We explore this tactic in detail in today’s blog.
Downward Durational Departures
At the sentencing phase of trial, you may be pushing for a downward durational departure or a downward dispositional departure. We’ll touch on the dispositional departure in a future blog, but today’s blog will focus on the durational departure. As the term implies, this technique focuses on making an argument the sees you serve a shorter duration of your prison sentence.
Felony offenses in Minnesota carry significant penalties, and you’ll either face jail time or be placed on probation with a stayed sentence, meaning a prison sentence will be invoked if you violate any terms of your probation. In a durational departure, you will be making a case that the amount of prison time or probation time you’ll be sentenced to should be shortened.
For example, let’s say the you are facing up to 84 months in prison for your felony charge. If you wanted to pursue a durational departure, you would make a case that you should instead be sentenced to a shorter amount, like 36 months in prison. You could also argue for 364 days of a stayed sentence on the condition that you successfully follow all the terms of probation, which would technically allow your conviction to be considered a gross misdemeanor because of the shortened sentence.
Now that you understand the purpose of the durational departure, the most obvious question is in regards to how to make a convincing argument to earn the departure. Although many factors will come into play, some factors that you may try to highlight during your argument include:
- The facts of the case suggest your offense was less serious than a typical offense for the same charge.
- You have expressed significant and genuine remorse since your arrest.
- The victim also played a role in escalating the situation.
- The defendant was an accomplice to the crime.
- The crime was committed under duress.
- The defendant couldn’t fully comprehend the consequences of their actions at the time.
Finally, it’s worth noting that arguments for a downward durational departure need to be focused on the facts of the case or your acts of retribution or remorse after the fact. A judge is not allowed to consider your personal characteristics when making a decision on a durational departure, so don’t try to argue that you’ve been a good person up to this point. Focus on the facts of the case and your remorse, and you may be able to earn a reduced sentence compared to the general standard.
It goes without saying, but it is almost impossible to win a durational departure without the help of a lawyer. Don’t try to win a durational departure or a felony case on your own. Give yourself the best chance at avoiding a worst case scenario by hiring an experienced criminal defense attorney like Avery and the team at Appelman Law Firm. For more information about durational departures or help with a different criminal matter, give our team a call today at (952) 224-2277.
