What Are Mitigating Factors in a Criminal Defense Case? 

 Posted on February 09, 2023 in Criminal Law

If you or someone close to you were arrested and charged with a crime, you may be researching your legal options and potential defense strategies. Accusations of drunk driving, assault, theft, weapons violations, or other criminal offenses often catch the accused off guard. They do not know what their rights are in this situation or how to handle the accusations.

One of the best first steps to take after an arrest is to contact an experienced criminal defense lawyer. A lawyer can review the charges and advise you on how to proceed. Depending on your situation, a criminal defense attorney may also use mitigating factors in an effort to get charges dropped or penalties reduced.

Mitigating Factors May Improve Your Chances of Acquittal or Reduce Criminal Penalties

Mitigating factors are details of your case that may lessen the impact of the accused crime. Some examples of mitigating factors include:

• Lack of previous criminal convictions - If you were never convicted of a crime in the past, this could be used as evidence pointing to your innocence. Lack of criminal history may also be used to argue that you are a law-abiding individual who made a mistake and that you deserve leniency.

• Non-violent crime - If the crime that you are accused of is not violent, this could improve your chances of avoiding harsh penalties.

• Duress - If you allegedly committed a crime but were under extreme physical, mental, or emotional duress, this could be used as an argument in your defense. For example, if you or your family were threatened with harm and you struck the person threatening you, the individual's initial provocation may be taken into account by the court.

• Addiction - When an individual is physically addicted to a substance, he or she may do anything to obtain it. If your lawyer can prove that you were under the influence of drugs or alcohol at the time of the crime and that your addiction was a contributing factor, the court may be lenient when determining your penalty.

• Mental illness - If you can prove that you were suffering from a mental illness at the time of the criminal act, this may help reduce your sentence.

• Remorse - A defendant who shows genuine remorse and regret for the actions taken may be viewed in a more favorable light by the court.

These are the types of circumstances that an experienced lawyer will evaluate when building a defense strategy for a client accused of a criminal offense.

Contact our Wheaton Criminal Defense Lawyer

The experienced DuPage County criminal defense attorneys at Davi Law Group, LLC have extensive experience in criminal law matters, including DUI, drug crimes, violent crimes, white-collar crimes, and juvenile offenses. We can assess your case, gather evidence of your innocence, and strongly advocate on your behalf. Call 630-580-6373 and set up a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-5-3.1