Mitigating circumstances can mean the difference between a harsh sentence and a lighter one. Here's what they are and how they work.
Mitigating circumstances are facts or conditions that make a defendant's actions more understandable—or at least less blameworthy—without excusing the crime entirely. In practical terms, they're the reason two people convicted of the same offense can walk out of court with very different sentences. A young first-time offender with a history of trauma isn't treated the same as a repeat offender who planned the crime in detail, and the law is designed to allow for that distinction.
How Mitigating Circumstances Affect Criminal Charging and Sentencing
In law, the concept of mitigating circumstances is broad, and the term may mean different things to different judges. Sometimes, it refers only to factors that impact sentencing. Other times, it refers to anything short of a defense that makes the defendant’s criminal behavior less blameworthy and results in a less serious charge or sentence. Sometimes, a factor that one state considers to be an affirmative defense might be a mitigating circumstance in another.
Reduce Criminal Charges
For example, possession of any nude or sexual image of a child is a crime (child pornography). Some state laws are written in a way that takes mitigating circumstances into account. In these states, a teenager who possesses a nude cell phone picture of another teen might be charged with the less serious crime of teen sexting. Even if the law doesn't specifically say how to deal with the defendant's age, in many states, if the defendant is also a minor and the child depicted in the image willingly sent it, the crime will be punished less severely than if the defendant were an adult with a collection of computer child pornography.
Influence Sentencing
When sentencing, judges refer not only to the law and the facts of the case but also look at details about a defendant's life that aren't necessarily part of the criminal case. These details are often found in what's called a presentencing report. Certain factors (mitigating circumstances) about the specific crime or the defendant might convince a judge to impose a less severe sentence than another more culpable defendant might receive.
Say two people rob a convenience store at gunpoint. One is an 18-year-old girl with no criminal record. She's a runaway and has a serious drug addiction. The other is her 26-year-old boyfriend. He has a long criminal history, including other armed robberies. The robbery was his idea, and he planned the crime and obtained the weapons. Even if both defendants are convicted of armed robbery, a judge would likely impose a harsher sentence for the boyfriend versus the girlfriend.
Role in the Criminal Justice System
Decision makers in the criminal justice system, such as police officers, prosecutors, judges, and jurors, are always considering mitigating circumstances along with all the other facts in deciding how best to handle a case. If a person with a developmental disability steals a soda from a store, a police officer might decide not to make an arrest, a prosecutor might not file criminal charges, or a judge might impose a lighter sentence.
Mitigating vs. Aggravating Circumstances
Mitigating factors lessen the severity of a crime, whereas aggravating circumstances make a crime more severe or serious. Common aggravating circumstances include the defendant's lengthy prior record, use of a weapon, or targeting of a vulnerable victim. Below are some common mitigating and aggravating factors.
| Mitigating Factors | Aggravating Factors |
|---|---|
| No prior criminal record | Prior criminal record, especially similar offenses |
| Minor or peripheral role in the offense | Leadership or organizer role in the offense |
| Acting under duress or coercion | Use of a weapon during the offense |
| Mental illness or diminished capacity | Victim was particularly vulnerable (child, elderly, or disabled) |
| Young age of the defendant | Especially heinous, cruel, or depraved conduct |
| History of abuse, neglect, or trauma | Offense motivated by bias or hate (hate crime) |
| Genuine remorse and acceptance of responsibility | Offense committed while on probation, parole, or bail |
| Cooperation with law enforcement | Multiple victims or repeated criminal acts |
| Efforts toward restitution or rehabilitation | Offense committed for financial gain or pecuniary motive |
| Provocation or extreme emotional disturbance | Abuse of a position of trust or authority |
| Victim’s culpability or contribution to the offense | Victim suffered serious physical or emotional harm |
| Substance addiction as a contributing factor | Offense committed in the presence of a child |
Mitigating Circumstances in Capital (Death Penalty) Cases
Normally, judges, not jurors, decide a defendant’s punishment. Death penalty cases are unique because, in most states, jurors decide whether to sentence a defendant to life in prison or death. In making those decisions, jurors are first required to consider any mitigating circumstances. Mitigating circumstances are not defenses or excuses but factors that tend to reduce the defendant's blame. State laws vary, but in some states, jurors are required to find the existence of aggravating and mitigating circumstances and then assign a weight to these circumstances in fixing the verdict.
Obtaining Legal Assistance
If you've been arrested or charged with a crime, contact a criminal defense attorney about your case or ask the court for a public defender. An experienced attorney can evaluate your case and determine how to best present any mitigating circumstances.
