When a defendant loses a case, the court must determine their punishment. While there are maximum penalties set in place, certain factors can play into the severity of the final sentencing. These factors include both aggravating and mitigating circumstances. With the help of a skilled criminal defense attorney, you may receive a reduced final sentence.

What’s the Difference Between an Aggravating and a Mitigating Factor? 

Aggravating factors play against the defendant. Prosecutors often bring up the defendant's previous offenses, their role in the crime that took place, and whether it was a hate crime being committed. All of these factors can sway a court against the accused, landing them longer imprisonment or a higher fine.

In contrast, mitigating factors are defensive claims that act in the defendant's favor. Examples of mitigating factors include not having a prior criminal record, the person only playing a minor role in the crime, mental or physical illness, and past abuse that led them to commit the crime. Even having genuine remorse for one's actions can work as a mitigating factor in a court case.

How Can a Defense Attorney Help if You Have Aggravating Factors?

Defense attorneys always provide a consultation, listening to the story behind your case and bringing up potential aggravating factors that could be used against you. By laying out these possibilities ahead of time, they can build a stronger criminal defense and come up with contradicting points that offset what the prosecution might use during the trial.

When aggravating factors are brought before the judge and jury, defense attorneys fight against the accusations by countering aggravating points with mitigated reasoning. For example, if someone committed an assault, a defense attorney might cite a mental health diagnosis for erratic behavior, claiming that mental illness drove the action.

If you're looking for legal assistance and representation in the Dallas, TX, area, John M. Cook Attorney At Law is a board-certified criminal lawyer available for consultation. This lawyer was a former police officer and former Dallas County Assistant District Attorney. He specializes in DWI cases, drug charges, and criminal defense. Using his extensive experience, this lawyer will work to reduce your fines, penalties, and the long-term effects of your charges, from misdemeanors to felonies. Visit his website to learn more about his credentials and experience in law,  or call (214) 521-6679 to schedule a free consultation.