When an applicable felony sentencing law provides lower, middle, and upper terms, Penal Code section 1170(b)(6) generally requires the lower term if a listed circumstance contributed to the offense. The circumstance must have contributed to committing this offense; its existence in a person’s life alone is not enough. The court may choose another term if aggravating circumstances outweigh mitigating circumstances so that the lower term would be contrary to the interests of justice. Penal Code section 1170.
The listed circumstances include psychological, physical, or childhood trauma; youth at the time of the offense; and being a victim of intimate-partner violence or human trafficking. For this rule, “youth” means under age 26 when the offense occurred. Penal Code section 1016.7. Youth or trauma does not automatically produce a lower term, and this provision does not reopen every final sentence or apply to every kind of sentence.
Connect the evidence to the offense
A sentencing presentation should address both parts of the question: whether the person experienced a qualifying circumstance and how it contributed to the conduct in the charged offense. A dated timeline can help counsel organize records, treatment history, school or service records, and witnesses who can explain the connection. The goal is not to disclose sensitive history broadly; discuss private records with counsel before sharing them.
Also identify the sentencing statute and its available lower, middle, and upper terms, the probation report, proposed aggravating facts, plea terms, and any other sentencing limits. Section 1170’s middle-term rules and its lower-term provision are related but distinct. If the court considers aggravation sufficient to select a different term under subdivision (b)(6), the record should make clear what evidence supports that weighing.
In People v. Salazar, the California Supreme Court discussed the statutory lower-term presumption but did not decide that the particular experiences in that case qualified as trauma. The decision does not remove the need to establish the statutory trigger in an individual case. People v. Salazar.
Bring counsel the charging document, sentencing materials, relevant records, and a careful account of how the circumstances relate to the offense. The Law Offices of David S. Chesley handles California sentencing matters. Call (800) 755-5174 to discuss what evidence may be relevant.