To understand how criminal defense mitigation works, you have to learn more about the mitigating circumstances of a crime. While mitigating circumstances do not excuse a defendant’s offense, they do explain why they may have committed the crime or what caused them to do something they might not have otherwise chosen to do.
So, what exactly are mitigating circumstances?
Legal professionals define mitigating circumstances as factors that reduce the culpability or seriousness of a crime. These factors may include the defendant’s lack of criminal history, their age, or their mental or emotional state at the time of the offense. The identification of mitigating circumstances may vary by jurisdiction.
In fact, sometimes, jail terms may be avoided in favor of deferred prosecution or probation instead. Our criminal defense attorney can explore all your options.
Let’s look at how these factors may be applied.
Statutorily, mitigating factors in criminal cases may involve the following considerations:
Additionally, courts recognize several non-statutory mitigating circumstances in their decision in a mitigation defense.
Mitigating circumstances can be either positive or negative circumstances. However, they all play a part in what a court decides when making a decision about the extent of a person’s sentence.
The right mitigation can help reduce a jail sentence significantly. So, it is indeed important to seek help from a lawyer who understands the steps involved in a mitigation defense.
Part of providing a mitigation defense in a criminal case is to gather evidence in a mitigation packet or penalty presentation. The package is given to the prosecution so it has a better understanding of the defendant and will make a sentencing recommendation that is more balanced and equitable.
You’ll need an attorney’s help in gathering the information needed for a mitigation defense, as the details may come from several public records, including the following:
Do you need to schedule a time to discuss a criminal case? If so, contact Mendoza Law Firm right away. This type of defense can reduce the time a defendant spends in jail and can support a better outcome in a criminal defense case.
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