Criminal Law Newsletter

Mitigating Factors

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


• Provocation

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.

© 2025 NextClient.com, Inc. All rights reserved.

• Medicolegal Entomology
  Forensic entomology is the study of insects in a manner that is considered reliable for public or legal matters. A subcategory, medicolegal entomology, is focused primarily on the study of insects in connection to investigations of... Read more.
• Custody, Interrogation, and Miranda
  The Fifth Amendment of the U.S. Constitution provides that no persons shall be compelled to be a witness against himself…” This guarantee also applies to the states and has been interpreted to mean that individuals have a... Read more.
• Supreme Court Bars Deportation for DUI Conviction
  The Immigration and Nationality Act (INA) permits deportation of an alien convicted of an “aggravated felony,” which can include “a crime of violence for which the term of imprisonment [is] at least one year.” In... Read more.
• Warrant Required for Use of Thermal Imaging Devices to Detect Indoor Activities
  The Fourth Amendment expressly protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Usually, the prohibition against unreasonable searches... Read more.

• Jane’s Addiction Members Sue Perry Farrell Over Onstage Altercation
• Disney Sues Hong Kong Jeweler Over Alleged Unauthorized Mickey Mouse Jewelry
• Federal Judge Overturns Rule to Remove Medical Debt from Credit Reports
• ICE Ends Bond Hearings for Many Undocumented Immigrants Under New Directive
• Court Orders U.S. to Process Refugees Denied Entry Under Trump Travel Ban