If the court convicts you of a crime, the judge will consider all mitigating
and aggravating factors before they sentence you. Mitigating and aggravating
factors lead to lighter and heavier penalties respectively. Below are some of
the common mitigating factors courts typically consider.
Criminal acts that cause injuries or death attract higher penalties than
those that don't cause injuries. Consider two defendants who face assault and
battery cases. Assume the first defendant broke their victim's ribs while the
second defendant only left slap marks on the victim's cheeks. The first
defendant is likely to get a more severe sentence than the second defendant.
Provocation is not a perfect defense to criminal charges. If someone has
accused you of battery, the court won't acquit you just because the victim
provoked you. However, the judge may consider the provocation and reduce your
punishment. In a road rage incident, for example, the court may lower your
penalties if you can prove provocation from the other driver.
Some victims contribute to crimes against them and then turn around and
accuse the perpetrators. In such a case, the victim bears some of the
responsibility for the crime, and the defendant may receive reduced punishment.
For example, if you assisted a businessperson to commit arson-cum-insurance
fraud, your penalties may not be as high as they would be if you acted alone.
One of the reasons the government punishes criminal offenders is to
discourage future crime. A suspect who already shows genuine remorse is seen as
less likely to commit future crime than a suspect who is not remorseful. Thus,
a remorseful suspect is likely to receive a lighter sentence than a
non-remorseful suspect.
You can show remorse in different ways. For example, you can apologize to
the victims of the crime, compensate the victims of your crime, and adopt an
apologetic and respectful demeanor in the courtroom.
Mentally ill defendants don't always go scot-free if they commit crimes.
However, mental illness can score you a lower punishment than you would
otherwise get. The reduced penalties due to mental illness apply both to
permanent and temporary mental illness. For example, the judge can order
psychiatric treatment, rather than incarceration, if the judge convicts you.
A government worker who commits a crime in the line of duty may receive a
light sentence. The light sentence is possible if the criminal act directly
stemmed from the suspect's normal duties. For example, if someone accuses a
police officer of assault and battery during an arrest, the police officer is
unlikely to face the same penalties a civilian would face with the same
charges.
If several people commit a criminal act, not everyone plays the same role.
During sentencing, each suspect receives a punishment proportional to their
role in the crime. Thus, a minor participant in the crime receives a relatively
minor penalty as compared to their counterparts.
Consider a robbery case where one person acts as a lookout while the other
enters a store and shoots in the air to scare the victims. If the police arrest
the two, then the lookout may receive lower penalties than the person who
discharged the firearm.
Lastly, the judge may also consider unusual circumstances that might have
spurred a suspect to commit a crime. For example, a mother who shoplifts
groceries for their starved family may receive a lighter sentence than a mother
who shoplifts jewelry for themselves.
One of the reasons every criminal suspect needs a lawyer is that the lawyer
can help mitigate the charges and penalties even if the suspect doesn't go
free. If the authorities have charged you with a crime, contact
Hoffman &
Hoffman to provide the best defense for your case.
