Shreveport Louisiana Motion to Amend Sentence - Excessive Sentencing

• Category: Louisiana Criminal - Sentencing
• State: Louisiana
• City: Shreveport
• Control #: LA-5033
• Format: Word; Rich Text

Description

This is an example of a motion to amend sentence pursuant to LA. C.Cr.P. Article 822. The motion notes that the court failed to take into consideration any mitigating factors and sentenced the defendant to a term of imprisonment that was excessive under the circumstances. Accordingly, the motion requests the court to modify the defendant’s sentence. Attached is an order requiring the District Attorney’s Office to show cause as to why the sentence should not be amended. Keywords: Shreveport, Louisiana, motion to amend sentence, excessive sentencing, types Description: In Shreveport, Louisiana, a motion to amend sentence can be filed when an individual believes they have been subjected to excessive sentencing. Excessive sentencing occurs when a judge imposes a punishment that surpasses what is considered reasonable or proportional to the offense committed. By filing a motion to amend sentence, an individual seeks to have their sentence modified or reduced. There are different types of Shreveport Louisiana motions to amend sentence based on specific circumstances and legal provisions. It is essential to understand these variations to determine the appropriate course of action. Some of these types include: 1. Motion to Amend Sentence based on Sentencing Guidelines: This type of motion argues that the original sentence does not conform to the recommended sentencing guidelines provided by the state of Louisiana. It contends that the judge's decision deviates from the standard guidelines, resulting in an excessively harsh sentence. 2. Motion to Amend Sentence based on Constitutional Grounds: This motion argues that the original sentence violates the defendant's constitutional rights, such as the Eighth Amendment protection against cruel and unusual punishment. It emphasizes that the punishment imposed is disproportionate to the severity of the offense committed. 3. Motion to Amend Sentence based on Mitigating Factors: This type of motion presents additional information or circumstances that were not adequately considered during the original sentencing. It aims to provide evidence, such as the defendant's good behavior, cooperation, or rehabilitation progress, in order to justify a sentence reduction. 4. Motion to Amend Sentence based on New Evidence: If new evidence arises after the original sentencing, a motion can be filed to amend the sentence. This evidence must be substantial and highly relevant to the case, indicating a possible error or injustice committed during the trial or sentencing process. Regardless of the specific type of motion to amend sentence, one should consult with an experienced attorney in Shreveport, Louisiana, who specializes in criminal law to assess the individual's case and determine the most appropriate legal strategy. The attorney will guide the defendant through the process, preparing the necessary legal documents, and presenting persuasive arguments to the court, aiming for a reduction or modification of the sentence.

Keywords: Shreveport, Louisiana, motion to amend sentence, excessive sentencing, types Description: In Shreveport, Louisiana, a motion to amend sentence can be filed when an individual believes they have been subjected to excessive sentencing. Excessive sentencing occurs when a judge imposes a punishment that surpasses what is considered reasonable or proportional to the offense committed. By filing a motion to amend sentence, an individual seeks to have their sentence modified or reduced. There are different types of Shreveport Louisiana motions to amend sentence based on specific circumstances and legal provisions. It is essential to understand these variations to determine the appropriate course of action. Some of these types include: 1. Motion to Amend Sentence based on Sentencing Guidelines: This type of motion argues that the original sentence does not conform to the recommended sentencing guidelines provided by the state of Louisiana. It contends that the judge's decision deviates from the standard guidelines, resulting in an excessively harsh sentence. 2. Motion to Amend Sentence based on Constitutional Grounds: This motion argues that the original sentence violates the defendant's constitutional rights, such as the Eighth Amendment protection against cruel and unusual punishment. It emphasizes that the punishment imposed is disproportionate to the severity of the offense committed. 3. Motion to Amend Sentence based on Mitigating Factors: This type of motion presents additional information or circumstances that were not adequately considered during the original sentencing. It aims to provide evidence, such as the defendant's good behavior, cooperation, or rehabilitation progress, in order to justify a sentence reduction. 4. Motion to Amend Sentence based on New Evidence: If new evidence arises after the original sentencing, a motion can be filed to amend the sentence. This evidence must be substantial and highly relevant to the case, indicating a possible error or injustice committed during the trial or sentencing process. Regardless of the specific type of motion to amend sentence, one should consult with an experienced attorney in Shreveport, Louisiana, who specializes in criminal law to assess the individual's case and determine the most appropriate legal strategy. The attorney will guide the defendant through the process, preparing the necessary legal documents, and presenting persuasive arguments to the court, aiming for a reduction or modification of the sentence.