Prosecution’s Upward Departure Denied, Downward Departure Granted to Level 1
Our client pled guilty in federal court to distribution of child pornography and received the mandatory minimum sentence. The Board of Examiners of Sex Offenders recommended a Level 2 adjudication, and the prosecution sought an upward departure to Level 3. Our office opposed both the Board’s and People’s requests and requested a downward departure to Level 1, due to our client’s established rehabilitation, lack of any other criminal conduct, stellar evaluations by treating professionals, significant employment history, and family support. The hearing court agreed and adjudicated our client the lowest risk level.
Jenna Hymowitz represented our client