Criminal Law Newsletter

  • Homicide & Estate Planning
    If a person murders a relative, is he/she entitled to receive any of the victim’s property? In most cases, the answer would be “no.” Usually, a convicted killer cannot inherit a victim’s property, even if he/she... Read more.
  • Drug Charges for U.S. Citizens Arrested Abroad
    United States citizens frequently believe they will not be subject to foreign laws for crimes committed abroad since they are U.S. citizens. This is not the case. In fact, the consequences for crimes committed abroad, especially drug... Read more.
  • Medicolegal Entomology
    Forensic entomology is the study of insects in a manner that is considered reliable for public or legal matters. A subcategory, medicolegal entomology, is focused primarily on the study of insects in connection to investigations of... Read more.
  • Warrantless Arrests for Minor Criminal Offenses Under the Fourth Amendment
    The Fourth Amendment prohibition against unreasonable searches and seizures generally requires police officers to obtain a warrant based upon probable cause before performing an arrest. Intended to protect against unreasonable searches... Read more.
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Mitigating Factors

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.

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