How Can Mitigating Factors Impact My Illinois Case?

 Posted on June 20, 2024 in Criminal Law

It can be extremely distressing to get arrested and charged with a crime. It often comes as a surprise, and you are not mentally prepared to deal with the arresting officers. You might not be aware of your rights, demands you can make, things you can refuse, and ways to make the entire situation go smoother. You are likely afraid about what this arrest means for your future, and you might not realize that there are mitigating factors that can help your case. This article will go over the ways mitigating factors can impact defense, but if this is personally relevant to you, make sure to speak with a skilled DuPage County, IL criminal defense attorney to find out more.

Mitigating Factors in Illinois

Every accusation, crime, arrest, and charge is unique because humans are unique and do not all fit nicely into specific categories. For example, two people can be pulled over for speeding. If one driver is a repeat offender and the other has a clean driving record, the two might face different consequences. If two people are caught stealing, but one was armed during the robbery and the other was not, the unarmed robber will likely face lighter penalties. Mitigating factors can impact your sentence significantly. Some common mitigating factors include:

• Criminal history: If this is your first conviction, it could help convince the court that this was a one-time lapse in judgment by a law-abiding citizen rather than a repeat offender and that there is room for leniency in sentencing.
• Lack of free will: If you were caught committing a crime but you can demonstrate that you were under duress at the time, it could help your defense. For example, if someone threatened your family unless you agreed to carry out the crime, this could demonstrate that the crime was not your choice and you were acting to protect your relatives. This would show a lack of criminal intent and could certainly help your case.
• Mental illness: If you can demonstrate that you were suffering and not at your full mental capacity at the time of the crime through your own testimony, medical records, or testimony by a medical professional, you might get a lighter sentence.
• Degree of violence: If your crime was nonviolent, it might help you receive lighter penalties.
• Remorse: If you are unapologetic and make no effort to show you will amend your ways, sentencing might be harsher. If you show remorse and agree to seek help that could help you avoid similar actions in the future, for example, therapy or an anger management course, this could help your case.

Schedule a Free Consultation with a DuPage County, IL Defense Lawyer

If you are facing criminal charges, consult with an experienced Wheaton, IL criminal defense attorney to understand whether there may be mitigating factors that could help your case. At Davi Law Group, LLC, we defend every client regardless of the charge. Our previous experience as prosecutors helps us as we passionately fight for our clients’ rights. Call us at 630-580-6373 to schedule a free consultation.