What factors have been considered in determining aggravation against a defendant in an aggravated assault case?

California, United States of America


The following excerpt is from People v. Howard, B294443 (Cal. App. 2019):

Although the trial court did not recite the circumstances of the current offense on the record until after ruling on the motion, there being no record to the contrary, we presume that the court considered all of the relevant factors before making its decision. (People v. Myers (1999) 69 Cal.App.4th 305, 310.) The court's view of the circumstances was made clear during sentencing. The trial court observed that defendant had the love and support of his family, whom he let down by going into a store, pointing a gun at a person who was trying to earn a living for himself and his family, and who pleaded with defendant not to take his cell phone because he had personal things on it. The court found the following factors in aggravation: defendant used violence or threats of great bodily injury; the victim was particularly vulnerable; defendant and his accomplice waited in the store until the victim was alone and had exited the bulletproof cage; defendant was the primary participant in the crime; defendant's casing the store from the outside and inside demonstrated

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