If you’ve watched any courtroom dramas before, chances are that you’ve probably come across the term ‘mitigating factors’ before. More often than not, a person who is found guilty will often plead some mitigating factors in order to seek a more lenient sentence from a judge. In this post, we take a closer look at what exactly mitigating factors are and how they can affect sentencing in a criminal case.
What are Mitigating Factors?
Simply put, mitigating factors are circumstances surrounding a crime or offence that can help to reduce the severity of an offence and they are most commonly pleaded after an accused person has pleaded guilty or has been found guilty by the court. They do not mean that an offender is not guilty, but instead give a judge a reason to be reduce the potential punishment or sentence for an offence that has been committed.
How Can Mitigating Factors Affect Sentencing?
Judges will typically take mitigating factors into consideration when they are trying to determine the appropriate punishment or sentence for an offence. They are considered together with aggravating factors, which are factors that can worsen the severity of the offence and may cause the sentence or punishment to be more severe. However, it is important to note that the judge will still base their sentence on other relevant sentencing principles as well as the law, and mitigating factors are merely just another sentencing consideration.
Common Mitigating Factors in Victoria
Depending on the facts of the case, there can be many different potential mitigating factors that a judge may consider. Some common factors that are often pleaded by top criminal lawyers in Melbourne include:
- Prior Sentencing History: A judge may consider whether an offender has previously been found guilty of a similar crime. If it is the offender’s first offence, it might be a mitigating factor.
- Cooperation with the Police: If the offender cooperated with the police in their investigation or has shown remorse, the judge might be more lenient with their sentence.
- Type of Sentence: A judge will also consider the type of sentence that the offender deserves, such as imprisonment or a community correction order.
What to Do if You’ve Been Charged with a Crime?
If you’ve been charged with a crime but do not believe that you’ve done anything wrong or feel that the circumstances surrounding your case should result in a lighter sentence, the most important thing for you to do is to engage criminal lawyers immediately. An experienced criminal lawyer would be in the best position to provide an unbiased assessment of your case and provide you with legal advice to help you obtain the best possible outcome.
Leanne Warren & Associates is a leading criminal law firm in Melbourne and our experienced attorneys have decades of experience in advising clients on all their criminal law matters. Contact us today for a free, no-obligation consultation and our lawyers will be happy to help with your case.