Domestic Abuse

[np181]

When sentencing domestic abuse, do the DA specific guidelines apply when assessing harm and culpability or the second part where aggravating and mitigating factors are assessed within the sentencing range?

[calmck]

You use the term DA I assume District Attorney. Are you in the US

[bednobs]

or domestic abuse?

[np181]

UK

[Peter Pedant]

I think it is time to pay attention to your lectures and read the guidelines

[np181]

Yeah I'm starting law degree in sept but please answer my question by clarifying.

[THECORBYLOON]

He asked for what appeared to be advice on what turnt out to be a hypothetical scenario.

https://www.theanswerbank.co.uk/Law/Question1753978.html

[Buenchico]

You need to put the domestic abuse sentencing guidelines to one side for a moment, in order to step back and see how they fit into the wider scheme of things.

In all sentencing proceedings, 'Step 1' involves arriving at a provisional sentence, based upon both 'harm' and 'culpability. It's not until 'Step 2' that aggravating and mitigating factors come into play:
https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/general-guideline-overarching-principles/

Therefore the domestic abuse guidelines about aggravating and mitigating factors can only relate to 'Step 2'.
https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/domestic-abuse/

[THECORBYLOON]

Will knowing our opinions on a couple of hypothetical scenarios benefit you that much?

[np181]

Thanks Burn that's what I meant