IC § 35-38-1-7.1
 Considerations in imposing sentence
    

(a) In determining what sentence to impose for a crime, the court may consider the following aggravating circumstances:

(1) The harm, injury, loss, or damage suffered by the victim of an offense was:

(A) significant; and

(B) greater than the elements necessary to prove the commission of the offense.

(2) The person has a history of criminal or delinquent behavior.

(3) The victim of the offense was less than twelve (12) years of age or at least sixty-five (65) years of age at the time the person committed the offense.

(4) The person:

(A) committed a crime of violence (IC 35-50-1-2); and

(B) knowingly committed the offense in the presence or within hearing of an individual who:

(i) was less than eighteen (18) years of age at the time the person committed the offense; and

(ii) is not the victim of the offense.

(5) The person violated a protective order issued against the person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or IC 34-4-5.1 before their repeal), a workplace violence restraining order issued against the person under IC 34-26-6, or a no contact order issued against the person.

(6) The person has recently violated the conditions of any probation, parole, pardon, community corrections placement, or pretrial release granted to the person.

 (7) The victim of the offense was:

(A) a person with a disability (as defined in IC 27-7-6-12), and the defendant knew or should have known that the victim was a person with a disability; or

(B) mentally or physically infirm.

(8) The person was in a position having care, custody, or control of the victim of the offense.

(9) The injury to or death of the victim of the offense was the result of shaken baby syndrome (as defined in IC 16-41-40-2).

(10) The person threatened to harm the victim of the offense or a witness if the victim or witness told anyone about the offense.

(11) The person:

(A) committed trafficking with an inmate under IC 35-44-3-9; and

(B) is an employee of the penal facility.

(b) The court may consider the following factors as mitigating circumstances or as favoring suspending the sentence and imposing probation:

(1) The crime neither caused nor threatened serious harm to persons or property, or the person did not contemplate that it would do so.

(2) The crime was the result of circumstances unlikely to recur.

(3) The victim of the crime induced or facilitated the offense.

(4) There are substantial grounds tending to excuse or justify the crime, though failing to establish a defense.

(5) The person acted under strong provocation.

(6) The person has no history of delinquency or criminal activity, or the person has led a law-abiding life for a substantial period before commission of the crime.

(7) The person is likely to respond affirmatively to probation or short term imprisonment.

(8) The character and attitudes of the person indicate that the person is unlikely to commit another crime.

(9) The person has made or will make restitution to the victim of the crime for the injury, damage, or loss sustained.

(10) Imprisonment of the person will result in undue hardship to the person or the dependents of the person.

(11) The person was convicted of a crime involving the use of force against a person who had repeatedly inflicted physical or sexual abuse upon the convicted person and evidence shows that the convicted person suffered from the effects of battery as a result of the past course of conduct of the individual who is the victim of the crime for which the person was convicted.

(c) The criteria listed in subsections (a) and (b) do not limit the matters that the court may consider in determining the sentence.

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Jeff Rocks
Jeff demonstrated a great moral and positive character while working on my nephew’s case. He communicated promptly with my family as the case progressed and was easily accessible. We appreciated his honesty regarding the different scenarios and possible outcomes of the case. We were honor to have him as our attorney. Please do not hesitate to retain him, he will work diligently on your family behalf. We respected the fact he does a lot of the leg work himself.

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Jeff Cardella is a very good criminal defense attorney. He’s a straight shooter who is honest and diligent.

I will never forget the situation that I was going through. I didn’t realize it at the time but do now, that a good attorney will listen first and tell you the truth about your situation and how he’s going to resolve your situation.

One last thing about Jeff Cardella. He is very good communicator, you will be communicated with on a consistent basis. I thank you Jeff for representing me and making me feel like I mattered. I have my life back and I feel blessed that you represented me.

I can’t describe how grateful I was to find Mr. Jeff on the internet, on the evening that my charges were filed. I called him at 5:30pm and he immediately accepted my case. He took the time to communicate and overview my challenges for the case in the same evening. Because of his swift investigation and gather of evidence, the courts are not pursuing my charges. Every case is different, but I’m humbly grateful and will retain him as my lawyer forever. Great job sir! Thanks so much for your hard work and speedy results.

Jeff Cardella, LLC provided excellent, professional services as my criminal defense attorney in Indiana. Despite all daunting uncertainties as someone who had never needed legal services, much less criminal legal services before, he helped me feel informed and prepared every step of the way ensuring best possible outcome.

I was very fortunate to have had one of my family members being represented by Mr. Cardella. As soon as I made the phone call, he took the case right away, represented the case, took charge and guided us step by step, not waisting one minute. He responded to calls or emails very fast, in a very professional and knowledgable manner. I had full trust in him from the realizing that he had great expertise as a defense attorney. All along he was also supportive and no question was left unanswered. Due to his prompt interventions and guidance the court has not pursued the case. I”ll be forever grateful and I would not hesitate to highly recommend him to friends or family in need of legal services.

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