Mitigating Factors
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law
What is a mitigating factor?
According to Merriam Webster’s dictionary, mitigate means “to become less harsh or hostile, less severe or painful, i.e. to mollify or to alleviate.”
Thus in criminal law, a mitigating factor is any evidence or other information presented on the record, regarding the defendant themselves or the specific circumstances of the crime for which they were indicted, which may provide reason to reduce the charges levied or lessen the correlating sentence. In summary any information which could convince the judge or jury to reduce the penalty assigned.
Why are mitigating factors important?
If you are convicted of a crime, any existing related mitigating factors could greatly reduce the penalty entered against you. For example, if the defendant is found to be mentally incompetent (a common mitigating factor) then they could be sent to an asylum or sanatorium instead of jail or prison.
What are some examples of mitigating factors?
The list of what can be considered a mitigating factor is determined by statue and as such can vary widely by jurisdiction. Some examples of commonly accepted factors include:
- mental incompetence
- accident
- repentance
Do I need a Criminal Defense Attorney?
In order to learn which factors may be considered “mitigating” in your case, you should speak with an attorney who is well-versed in criminal law for your jurisdiction.
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Last Modified: 07-12-2010 04:09 PM PDT
