West Virginia Demand for Notice of Aggravating and for Disclosure of Evidence Supporting Mitigating Circumstances
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FAQ
A mitigating circumstance is a factor that lessens the severity of an act or the actor's culpability for the action. Mitigating circumstances can be found in both criminal and civil cases and may be used to justify a reduction in the severity of the punishment or damages.
Common mitigating factors include: Lack of a prior criminal record. Minor role in the offense; Culpability of the victim; Past circumstances, such as abuse that resulted in criminal activity;
Mitigating circumstances are factors that, while not excusing the crime, can provide some context that may reduce your sentence. Examples of mitigating circumstances include: Playing a Minor Role: If you played a minor or minimal role in the crime, this could prompt the judge to adjust your sentence downward.
Mitigation is a complex, multi-pronged approach to preparing for sentencing for a defendant's crime with the goal of reducing or lessening the effects of aggravating factors. Mitigation is the story-telling part of representing the criminal defendant.
What Are Mitigating Factors? To mitigate is to lessen the effect of something. Mitigating factors in criminal law are circumstances or facts about the offense or the defendant that persuade the judge to impose a less harsh sentence.