Mitigating Circumstances

There is no set list of situations that are or are not considered mitigating circumstances because the situation is highly dependent on the specifics of each case. However, the following are some common mitigating factors:

• The Defendant’s Age: Whether or not the defendant, who is the person who committed the crime, was an adult or a minor at the time the crime was committed.
• History of Abuse: Whether the defendant has a history of being abused.
• Mental Capacity: This could include the defendant’s mental state, mental illness, or intellectual disability at the time of the crime.
• Victim Culpability: Whether the victim willingly participated in the criminal event or other events that may have contributed to the crime.
• No Harm is Done: If the defendant’s actions did not cause harm to another person and were in some way justified.
• No Criminal Record: This means the defendant did not have any criminal records prior to this offense.
• Necessity: If the crime was committed out of necessity.
• Unusual Circumstances: If the defendant committed the crime as a result of being severely provoked or experiencing temporary emotional stress or disturbance.
• Remorse: If the defendant clearly demonstrates remorse for their actions.

Self-defense is not considered a mitigating factor; rather, it is considered a legal defense because an act that is done in self-defense is not considered a crime. On the other hand, if the defendant is not believed to have acted in self-defense but was provoked to commit the crime, the fact that the defendant was provoked to commit the crime could be presented as a mitigating circumstance.