Criminal Law Newsletter
When Factors Permit Less Severe Sentencing
If you are unable to successfully raise a defense to a crime, you may still have the crime reduced to a lesser included offense or have the punishment decreased. Surprisingly, courts are usually quite receptive to mitigating factors.
Factors of Mitigation
- No prior record
- Insignificant record
- Mental impairment
- Physical condition
- Voluntary admission of guilt
- Defendant makes restitution to the victim
- Prior performance on probation was good
- Alcoholism (to a degree)
- Narcotics addiction (to a degree)
- Mental or emotional disturbance
While this list is not exhaustive, it gives you an idea of what a court is looking for when you raise mitigating factors. Additionally, each state will accept different circumstances and characteristics in mitigation of the crime.
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