Criminal Law Newsletter

Reducing the Severity of the Crime

If you are unable to successfully raise a defense to a crime, you may still have the crime reduced to a lesser included offense or have the punishment decreased. Surprisingly, courts are usually quite receptive to mitigating factors.

Factors of Mitigation

• No prior record


• Insignificant record


• Mental impairment


• Physical condition


• Voluntary admission of guilt


• Defendant makes restitution to the victim


• Prior performance on probation was good


• Alcoholism (to a degree)


• Narcotics addiction (to a degree)


• Mental or emotional disturbance


• Provocation

While this list is not exhaustive, it gives you an idea of what a court is looking for when you raise mitigating factors. Additionally, each state will accept different circumstances and characteristics in mitigation of the crime.

© 2024 NextClient.com, Inc. All rights reserved.

• Distinguishing Among Criminal Law Property Offenses
  In general, criminal law offenses can be broken into broad categories, including offenses against the person, offenses against the habitation (e.g., residence or dwelling), sex offenses, and property offenses. Among the property... Read more.
• Distinctions Between Pimping and Pandering
  The crimes of pimping and pandering target the same type of individual, but they are actually different crimes created to prevent two different and distinguishable types of conduct. Pimping Pimping is the... Read more.
• Restricting the Availability of Federal Habeas Corpus Review Under Teague
  The U.S. Supreme Court often announces “new rules” of constitutional interpretation. In 1989, the Court explained in Teague v. Lane that a “new rule” is generally one that “breaks new ground or... Read more.
• Merger Rule to Prevent Multiple Convictions for the Same Act
  Under the traditional merger rule, a person engaged in conduct that constituted both a felony and a misdemeanor could not be convicted of both, because the misdemeanor was considered to have merged into the felony. Under this rule, the... Read more.

• Philips Agrees to Over $1 Billion Settlement in Lawsuits Over Toxic Breathing Machines
• Berkshire Hathaway’s Real Estate Brokerage Faces Class Action Lawsuit Over Commission Practices
• Former Binance CEO Changpeng Zhao Sentenced to Four Months in Prison for Money Laundering Violations
• Biden Administration Proposes Reclassification of Marijuana, Aiming for Less Stringent Regulations
• Madlib Sued by Artist Over Unauthorized Use of Animated Alter Ego “Lord Quas”