Mitigating circumstances are factors that influence the decision of the court to reduce the severity of the punishment. It is done by considering various circumstances in the case and also the physical and mental status of the accused before deciding on any judgment. Therefore, these factors play a significant role in the case.
If you are stuck in any of the homicide cases, you should seek legal representation for a better outcome. You can consult any of the lawyers in your area, like a Charlotte homicide defense attorney, so that they can help you find justice. In this article, we will discuss some types of mitigating circumstances and how they will impact your case.
What are the Types of Mitigating Circumstances?
Mitigating circumstances helps to lessen the guilt of the offender and leads to a reduction in the severity of the sentence. So, if there were leniency in the case, the factors and types would be robust in such cases. Therefore, in such cases, there are basically two types, which are as follows:
- Positive Mitigation: In these mitigation circumstances, attorneys try to paint a positive picture of the defendant. Some examples of positive pictures would be that the attorney will showcase how the defendant is devoted to the family, loyalty, or hard work. These positive traits will show that the criminal action was completely out of character. Otherwise, the defendant is loyal and positive towards society and other people.
- Negative Mitigation: In negative mitigation, the attorney tries to showcase the hardships and difficult circumstances that the defendant has faced, which may have pushed them towards crime. For instance, the incident of growing up as a child in an abusive family or with a mental illness may act as a mitigating factor, and it might reduce the severity of the case.
What is the Impact of Mitigating Circumstances on the Outcome of the Case?
While delivering judgment, the court has to analyze various factors, which can be aggravating or mitigating factors. Aggravating factors can increase the severity of judgments, while mitigating factors can act the other way around.
Outlining mitigating factors can play a pivotal role in criminal charges because it will reduce the severity of the outcome. Therefore, attorneys try to influence the decision with such factors so that the decision will be in their favor.
You can consult top-notch lawyers for such cases so that you can find the best ideas and solutions for your case.