Defendant was an active participant in the crime. No criminal sophistication was demonstrated. The defendant did take advantage of a position of trust and confidence in the commission of the offense. No prior criminal record. Not applicable because defendant has never before been placed on parole or probation.
Defendant is able to comply with the terms of probation.
Imprisonment would create financial hardship on the defendant's dependents. Because of his background as a police officer defendant would be at risk in prison. There is no evidence that defendant needs to be incarcerated to deter him from future similar criminal conduct. Defendant's primary adult employment was as a peace officer. One result of this conviction is defendant is precluded from ever again being a peace officer in California.