Can My History as a Victim Impact My Sentence?

 Posted on September 19, 2025 in Criminal Defense

When someone is convicted of a crime, the judge has to decide what the punishment should be. While Illinois has ranges of penalties for each offense, judges have discretion within those ranges. They can consider aggravating factors (reasons to impose a harsher sentence) and mitigating factors (reasons for leniency).

Sometimes, judges look at whether a defendant has been a victim of violence, abuse, or trauma in the past. If you are facing criminal charges, talk to a qualified Chicago criminal defense lawyer about whether your history can impact your sentence.

How Does Sentencing Work in Illinois?

Under Illinois law, courts look at many different factors when sentencing someone. Aggravating factors that can result in a more severe sentence can include whether the crime involved a weapon or caused serious harm. Mitigating factors are reasons a judge may lower your sentence. These can include whether you were provoked, whether you are likely to break the law again, or whether your past experiences help explain what happened.

According to 730 ILCS 5/5-5-3.1, mitigating factors may include hardship, past trauma, or other issues that may lessen how much blame is put on you. This gives judges room to consider the human story behind the charges.

How Can a History of Being a Victim Influence Sentencing?
If you were the victim of abuse or assault in the past, your attorney can present this background during the sentencing phase. This is not meant to excuse criminal conduct, but to show how past trauma shaped your situation. For example:

• Someone who grew up in a violent household may struggle with conflict resolution.

• A survivor of sexual abuse may develop substance abuse issues and face drug-related charges.

• A long-term victim of domestic violence may act out in ways tied to that trauma.

Judges in Illinois have the authority to consider these factors as reasons to impose lesser penalties for certain crimes. A judge may give you probation instead of prison, or require counseling, substance abuse treatment, or community service instead of a longer sentence.

Cook County judges see a wide range of cases every day, and sentencing often depends on the details presented by the defense. Having a skilled lawyer who can highlight your history and connect it to the law can make a major difference in your outcome. In some cases, showing that you were a victim in the past can help prove that treatment, not punishment, is better for you and the community.

Contact a Chicago Criminal Defense Attorney

If you are charged with a crime, remember that your life story matters. Judges may take your history into account when deciding on how to sentence you, but only if your attorney presents it effectively. At Luisi Legal Group, our Cook County, IL criminal defense lawyers are committed to protecting your future and will use your past if it can help your case. Call us at 773-276-5541 to schedule a free consultation so we can fight for the best possible outcome. Se Habla Espanol.