What Are Mitigating Factors And How Do They Impact A Criminal Case?
Usually, a person who is arrested and then charged with a crime will want to figure out the best way to avoid penalties or, when that is not possible, figure out the best approach to have to endure the least amount of penalties if a conviction happens. When an alleged crime is committed, every detail is examined to determine how severe the charges should be and, when a conviction occurs, what appropriate punishment would apply.
If you have been arrested in Florida, you have the right to have an experienced attorney supporting you and defending you against your charges. The Orlando criminal defense attorneys at Joshi Law Firm, PA, have extensive experience identifying all aspects of a criminal case to determine if there are factors that may help dissuade a judge from handing down a strict sentence. These elements of a case that can be used to advocate for leniency are called mitigating factors.
Mitigating Factors that Can Reduce Sentencing in a Criminal Case
There is never a good time to be arrested and charged with a crime. But everyone has the potential to make mistakes or errors in judgment. Every person’s criminal situation is different; the sentence one person has to endure for their crime may not be the same as another person convicted of the same crime. This is because of the ability to look at the entirety of a case.
If mitigating factors exist in the commission of a crime, this information could be used to help lessen the punishments that a defendant may face. Some examples of mitigating factors include:
- A crime was committed that did not result in physical bodily harm to anyone.
- The defendant did not have a sound mind when the crime was committed.
- The crime was not committed out of malice but out of necessity. For instance, a mother may steal food that she cannot afford to buy so she can feed her children.
- The victim also had a fault, and their actions motivated the criminal acts by the defendant.
- A mental condition existed at the time the crime was committed.
- The defendant was coerced, compelled, or forced into committing a crime by another party or a person in law enforcement.
In addition to these examples of situations that may call for mercy, there are other mitigating factors that may be relevant concerning the defendant’s individual circumstances as well, such as:
- The psychological effects that a defendant suffers from who has an addiction problem or that had a long history of addiction.
- A defendant with no criminal history.
- Cooperating with the authorities and providing information for help solving other crimes.
- A defendant has the potential to benefit from rehabilitation.
Call a Florida Criminal Defense Attorney Today
It can be very distressing to be arrested for a crime. But, you may have mitigating factors in your case that you did not even know about, which may be able to reduce the criminal penalties you could face. An Orlando criminal defense lawyer at Joshi Law Firm, PA, can go over your case with you and identify any mitigating factors that could be present.
Call Joshi Law Firm, PA, today to schedule a free initial consultation to discuss your criminal case at (407) 661-1109.