From a legal standpoint, even though an offense has been committed without legal justification, the gravity of the offense may be reduced by virtue of unusual or extreme facts which led up to the commission of the offense. In other words, extenuating circumstances are factors that make somebody's actions excusable or less blameworthy.
Extenuating Circumstances in Felony Cases
Sentencing for the majority of crimes (the exception being certain capital cases) is within the discretion of the presiding judge, although statutory prescriptions as to the kinds of punishment apply. While juries have little power to determine punishment, they can add to their verdict of guilty or not guilty a rider recommending mercy based on their perception of the extenuating circumstances. In other words, the jury may find the defendant guilty as charged, but, based on certain factors which they find to have contributed in some way to the crime in question, they may recommend leniency in sentencing. When the judge imposes sentencing he is entitled to take into account certain facts which were shown during the trial, or put before him after the verdict when determining the appropriate punishment.
Extenuating circumstances in felony cases can include but are not limited to:
- The age of the accused, most especially their youth. For instance, if a seven year old took his father's gun to school and shot the second-grader who had been making fun of him, the extenuating circumstances would definitely be his age, as it could be argued that he had no understanding of the consequences of his actions.
- Proven mental illness which contributed to the crime, i.e. "the insanity defense."
- A dangerous or unstable home life or background. If a young person commits a crime, the judge may impose a lighter sentence due to a childhood history of abuse or a home life that was less than "normal."
- Social Pressures felt by the accused
- Religious Persecution
- Crimes of Passion
- Provocation of the Accused
Extenuating Circumstances in Misdemeanor Cases
Extenuating circumstances may also be factored into misdemeanor cases as well. Think, "Yes, officer I was exceeding the speed limit, but it was because my wife is in labor and about to have a baby in the back seat." Yes, you were definitely speeding, however a judge might find that the circumstances which surrounded your speeding--the imminent appearance of a baby--could be justification, and could dismiss your ticket. If you have been charged with a crime, you must seek the services of a skilled and experienced attorney who is trained to find and present the extenuating circumstances in your particular case.
