Judges in criminal cases consider a range of factors before determining an appropriate sentence. Both aggravating and mitigating factors can have a dramatic impact on the outcome of a case, resulting in either a harsher or more lenient sentence. Below is an overview of aggravating and mitigating factors and how a criminal defense attorney can help.

What Are Aggravating Factors?

Aggravating factors are circumstances that make criminal charges more serious. Some common examples of aggravating factors include the use of a deadly weapon in an assault or a victim who is especially vulnerable, like a child or elderly person.

If a person is convicted of driving while intoxicated, the presence of a child in the car could be considered an aggravating factor. If they caused an accident in which someone was injured, the court may issue a harsher sentence.

What Are Mitigating Factors?

On the other hand, some factors can reduce the severity of a criminal offense. For instance, if the offender has no prior criminal record or shows remorse for their actions, a criminal defense attorney can argue for a reduced sentence.

Other common mitigating factors include a history of mental illness, addiction, or provocation. A judge may also reduce a defendant’s sentence if they cooperate with authorities.

How Can a Criminal Defense Attorney Help in Cases With Aggravating Factors?

If there are aggravating factors in a criminal case, a defense attorney may be able to present mitigating factors and argue for a lesser sentence. For instance, they might gather character references or evidence to show that the defendant is living with mental illness.

The defense attorney may also argue that the aggravating factors were not as severe as they might seem, or that the defendant's actions were influenced by external factors such as addiction or mental illness.

In some cases, a defense attorney may also negotiate a plea bargain with the prosecutor. In a plea deal, the defendant pleads guilty to a lesser offense in exchange for a lighter sentence.

For example, if a person is charged with assault with a deadly weapon, their defense attorney may negotiate a plea bargain for simple assault. This charge carries less severe penalties, minimizing the effect of aggravating factors on your case.

If you’ve been charged with a crime anywhere in Alaska, Burglin & Doxey, PC will fight for your rights. They’ve been serving defendants throughout the area for over 30 years, and pride themselves on giving each client the aggressive representation everyone deserves. Visit their website for more on their criminal defense services, or call (907) 456-4020 to schedule a consultation.
 

_{These articles are for discussion purposes only. Please contact the firm if you’re seeking legal advice.}