We’ve all heard the term, “throw yourself on the mercy of the court.” What that saying is referring to are mitigating factors that the defense would present at the time of trial to support leniency in sentencing. In the 1978 decision in the case of Lockett v. Ohio, the judge ruled that courts can hear evidence relating to a defendant’s character as long as it’s relevant to sentence.
When Can the Court Consider Imposing a Lighter Sentence in a Criminal Case?
We’ve all heard the term, “throw yourself on the mercy of the court.” What that saying is referring to are mitigating factors that the defense would present at the time of trial to support leniency in sentencing. In the 1978 decision in the case of Lockett v. Ohio, the judge ruled that courts can hear evidence relating to a defendant’s character as long as it’s relevant to sentence.
Some of the most common mitigating factors include:
- Minor role. The defendant played a relatively minor role in the crime. For example, suppose Pete received $20 for knowingly driving a codefendant to a location where the latter made a drug deal. At sentencing for his conviction for transporting methamphetamine, Pete has a good argument that his small role in criminal activity is a mitigating circumstance.
- Victim culpability. The victim willingly participated in the crime or initiated the events leading to it. If Domingo started a fight by attacking Walter and Walter responded with more force than was necessary to defend himself, this factor would come into play at Walt’s assault-and-battery sentencing.
- Unusual circumstance. The defendant committed the crime because of temporary emotional difficulty or significant provocation. This circumstance applies when a defendant acts out while under extreme stress. For example, suppose that Jesse, in anguish over the recent death of his girlfriend, stole some beer from a liquor store so he could get drunk.
- No harm. The defendant didn’t hurt anyone and committed the crime in a manner unlikely to cause harm. The no-harm circumstance would be relevant if Hank carjacked a driver by sternly ordering her out of her car, but carefully and gently helped her out of it.
- Lack of record. The defendant doesn’t have a criminal record, or only has a relatively minor record.
- Relative necessity. The defendant acted out of a desire to provide life necessities. This circumstance would be relevant for someone who stole a rotisserie chicken from the grocery store so that he could feed his starving family.
- Remorse. The defendant accepted responsibility and showed remorse. A defendant who confesses upon arrest and is contrite in court has this factor in his favor.
- Difficult personal history. The defendant’s unique upbringing or family circumstances led to her criminal conduct. For example, a lawyer might try to persuade a sentencing judge that the client’s violent acts are attributable to the abuse she suffered as a child.
- Addiction. Drug or alcohol addiction contributed to—but wasn’t just an incentive or excuse to commit—the crime. Addiction would be a mitigating factor for Dave’s theft conviction if he had shown a concerted effort at rehabilitation, but relapsed into drug use and stole some copper wire while high.
The list above is only part of the overall scope of mitigating factors. Others can include mental illness, provocation, the age of the defendant, and an admission of guilt. There are also family and community considerations that can be taken into account, such as family responsibilities of a sole parent of young children, good deeds in church, community service, and even extraordinary efforts to save the lives of others. Judges have wide discretion in what they can consider. An argument that doesn’t appeal to one judge might make sense to another.
Experienced Criminal Law Attorneys Understand These Nuances.
Working with an attorney who knows the local ‘lay of the land’ when it comes to prosecutorial preferences and direction are invaluable to defendants in any criminal case. Such knowledge can help lead to a plea bargain, reduced sentence, or even an alternative to a guilty verdict and/or incarceration.
If you feel you’ve been sentenced for a crime, it’s imperative that you seek the advice of proven, trial-tested personal injury attorneys like those at Fernandez & Attorneys At Law. You can reach us for advice 24/7 by calling (813) 229-5353. Hablan español.
