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.

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