What is Criminal Defense Mitigation?

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. 

How Texas Defines Mitigating Circumstances in Mitigation Defense

Let’s look at how these factors may be applied.

Statutory Mitigating Factors

Statutorily, mitigating factors in criminal cases may involve the following considerations:

• The defendant’s age. Someone who is younger or who is a minor has not fully developed cognitively or is more easily influenced, and therefore may make a poor decision.
• The defendant’s appreciation of their wrongdoing was impaired, although not to the degree it interfered with the prosecution’s allegations.
• The defendant was under exceptional duress at the time of the crime.
• The defendant’s role in the crime was minor.
• Any other factor the court believes can be used to explain the defendant’s behavior.

Non-Statutory Mitigating Factors

Additionally, courts recognize several non-statutory mitigating circumstances in their decision in a mitigation defense.

• Remorse that is visibly shown and demonstrated by the defendant
• A lack of a criminal history
• The defendant’s work history
• Low intelligence
• Previous military service
• A long length of time between a prior conviction and the current charge
• Aberrant behavior or a stereotyped behavior (as a response to stress)
• A history of previous sexual abuse or emotional abuse
• A  condition like post-traumatic stress disorder (PTSD)
• A prior head injury

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.

The Mitigation Packet

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.

What Records Are Used

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:

• Mental or health reports
• School records
• Marriage and divorce records
• Employment history
• Death certificates
• Military records
• Criminal history

Contact a Texas Criminal Defense Attorney Today

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.