27 Oct Mitigating Circumstances? Let’s Find Out
While aggravating circumstances make criminal charges more severe, mitigating circumstances do the exact opposite. For instance, if a crime was committed under duress or by a minor, the charges could be reduced. There are several types of mitigating factors that can be used as part of a defense strategy in Arizona. Let’s go over some of the situations where mitigating circumstances can apply.
What Counts As Mitigating Circumstances?
In Arizona, certain mitigating circumstances can warrant a more lenient sentence.
It could be that the defendant was unable to understand the unlawful nature of their actions. There could also be aspects of the defendant’s character, mental ability, or involvement that mean they should not be facing such severe criminal charges.
The judge could reduce the sentence or reduce the charges, depending on the situation.
Here are some examples of mitigating circumstances:
- Age
Children may not have the mental ability to understand their actions due to their young age. This is why there are certain ages that fall under the jurisdiction of the juvenile court.
- Acting Under Duress
If someone has been threatened or coerced into committing a crime, they were acting under duress and only committed the crime because they had no alternative.
- Mental Disability
When a person is unable to understand the consequences of their actions, it could lead a court to rule that they are not able to impose a full sentence.
- Mental Illness
In crimes where intention is a factor, mental illness can be used as a defense to try to get a mitigated sentence. For instance, a person with Alzheimer’s disease may have committed a crime without intending to.
- Minute Involvement
If the defendant’s role in committing a crime were trivial, charges may be reduced. For example, if the defendant loaned their car to another person (who then used it as a getaway vehicle after a robbery) but they were unaware of the plan.
How Mitigating Circumstances Can Be Used in a Defense
Mitigating circumstances can be argued during a sentencing hearing or during a trial.
In order for this argument to stand, your lawyer needs to convince the court of two important things:
- That your mitigating circumstances are true.
- That your circumstances mean you should not face the full weight of the Arizona justice system.
This means you need a lawyer who is good at collecting evidence and who knows the precedents set in similar cases. It’s not easy to convince the court that the circumstances of the case warrant a lighter sentence or a reduction of charges. Choosing the right lawyer will make all the difference.
Certified Criminal Defense Attorney in Scottsdale
Building a defense is a difficult process that includes meeting tight deadlines, knowledge of the justice system, and an understanding of the law. Don’t rely on a court-appointed attorney or a “cheap” lawyer who lacks the experience it takes to win.
When it comes to your freedom, don’t take any chances. If you’re facing criminal charges in Arizona and you think there may be mitigating circumstances, schedule a consultation with Coolidge Law today.
Images used under creative commons license – commercial use (10/27/25). Photo by Wesley Tingey on Unsplash.