What are the factors used by a court to determine a sentence for sexual assault?

California, United States of America


The following excerpt is from People v. Brake, E059964 (Cal. App. 2015):

"A trial court is vested with abundant discretion in sentencing. An abuse is found only where its choice is 'arbitrary or capricious or " 'exceeds the bounds of reason, all of the circumstances being considered.' " [Citations.]' " (People v. Trausch (1995) 36 Cal.App.4th 1239, 1247.) A court may consider circumstances in aggravation or mitigation or any other factors in imposing sentence. (Cal. Rules of Court, rule 4.420(b).) Factors in aggravation include the fact that "[t]he defendant's prior

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