Is It Possible to Get Criminal Charges Reduced?

Reducing your charges is one of the primary goals when working with a criminal defense attorney. When an outright dismissal is not possible, a strategic lawyer will build a defense designed to minimize the impact on your life. If you have been accused of a crime, the timing of your legal help is critical; the quicker an attorney can intervene, the better your chances of a favorable resolution.

The Power of the Mitigation Package

As former prosecutors, we know that the state’s file is designed to make the defendant look as bad as possible. Prosecutors are often overburdened with heavy caseloads and rarely know the person behind the file. This is why The Bianchi Law Group, LLC utilizes a “Mitigation Package” from the very start of your case.

A Mitigation Package is a unique collection of data presented to the prosecutor to humanize the client. It provides a fuller understanding of your life in the hopes that any plea recommendation will be more favorable. Essential information in a robust package includes:

• Education and Work History: Including degrees, awards, and commendations.
• Character Evidence: Letters from family, friends, and community leaders.
• Service: Military records, governmental service, or charitable work.
• Proactive Steps: Documented attempts at addiction or mental health counseling.
• Law-Abiding Life: Proof of a minimal or non-existent criminal record.

Understanding Sentencing Mitigation (N.J.S.A. 2C:44-1)

While a Mitigation Package is used to influence the prosecutor’s plea offer, Sentencing Mitigation is a legal framework used by a judge. In New Jersey, if a case results in a guilty verdict or plea, the judge reviews the law under N.J.S.A. 2C:44-1 to balance “aggravating” and “mitigating” factors.

These findings determine where within a specific sentencing range a defendant falls. For example, a second-degree offense typically carries 5–10 years in prison; the judge uses these factors to decide if the sentence should be at the lower or higher end of that scale.

Key Mitigating Factors Under NJ Law:

• The defendant’s conduct neither caused nor threatened serious harm.
• The defendant acted under strong provocation.
• The defendant has no history of prior delinquency or has led a law-abiding life for a substantial period.
• The imprisonment of the defendant would entail excessive hardship to themselves or dependents.
• The character and attitude of the defendant indicate they are unlikely to re-offend.

Felonies vs. Misdemeanors in New Jersey

In New Jersey, what other states call “felonies” are referred to as indictable crimes, while “misdemeanors” are known as disorderly persons offenses. The severity of the penalties often depends on mitigating circumstances. For instance, an assault charge might be elevated to a higher degree if a deadly weapon was involved.

While lower-level offenses may result in fines or community service, indictable crimes often carry lengthy prison sentences. Because these penalties are so severe, leveraging the facts of your case through state and federal law is essential to avoiding a life-altering conviction.

How Our Team of Former Prosecutors Can Help

The partners of The Bianchi Law Group, LLC are both former prosecutors and are Certified Criminal Trial Attorneys by the Supreme Court of New Jersey. This is an elite distinction held by only 250 of the approximately 98,000 attorneys in the state. We take an aggressive, tactical approach to defense, ensuring that the mitigation and legal arguments in your favor are presented effectively to both the prosecutor and the judge.

Contact our team today to discuss how we can work to have your penalties or charges reduced.

No aspect of this attorney advertisement has been approved by the Supreme Court of New Jersey.