Criminal law can be very complicated. A conviction does not necessarily mean someone is a bad person. People may be convicted after making a mistake. Intent is not always present in criminal cases.
At the sentencing stage, judges are entitled to use their discretion. They can consider mitigating factors that may justify a more lenient sentence.
Some common mitigating factors
Mitigating factors can come into play during the sentencing phase of criminal proceedings. They involve contextual information that may warrant a reduced sentence.
Some of the most common examples of mitigating factors include the following:
- No criminal history: If the offender has no prior convictions and has generally been an upstanding citizen, this may warrant a reduced sentence.
- A young age: The focus for young adults and minors is often on rehabilitation rather than punishment. The courts may be more lenient with young offenders and give them a chance to show that they can turn things around.
- Mental or physical impairment: If the defendant had health or cognitive issues at the time of the offense, this might reduce their culpability.
- Duress or coercion: If the defendant committed the crime while under threat from another person, this may warrant a reduced sentence. For example, if someone was pressured to launder money under the threat of violence.
It is important to note that mitigating factors do not guarantee a reduced sentence. Instead, they offer further information for the court to assess the full circumstances of the case. Whether or not to reduce the sentence is at the full discretion of the court.
Presenting a compelling legal argument for mitigating factors can increase your chances of a reduced sentence. Seeking further guidance will help you determine the best strategy.
