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Examples of mitigating factors include mental illness or drug addiction, cooperating with law enforcement, good character before the incident, lack of any prior record, an immature age at the time of the offense, and is subject to unusual pressures or duress before committing a crime.
A mitigating factor, also called a mitigating circumstance or extenuating circumstance, is any fact or circumstance that lessens the defendant's severity or culpability of a criminal offense. Unlike justification or excuse defenses, mitigating factors only affect the defendant's sentence.
Mitigating (or extenuating) circumstances are factors that tend to lessen the severity of a crime or its punishment by making the defendant's conduct understandable or less blameworthy. Mitigating circumstances might include a defendant's young age, mental illness or addiction, or minor role in the crime.
Lesson Summary. Aggravating factors are any circumstances or facts of a criminal case that raise the length of the sentence or the severity of the crime committed. Some of the most common aggravating factors include the age of the victim, their mental health, and the criminal history of the offender.
Mitigating factors include an ability for the criminal to reform, developmental disability, an addiction to illegal substances or alcohol that contributed to the criminal behavior, and past good deeds, among many others.