Michael L. Hawkins
& Associates PLLC

MLH&A

MLH &A

Michael L. Hawkins
& Associates PLLC

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Personal Attention
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Common mitigating circumstances

Mitigating circumstances are certain factors that may reduce a defendant’s sentence or reduce their charges. There are a variety of circumstances that can achieve this outcome, so here are a few of the most common mitigating circumstances in Kentucky.

Defendant’s age

The age of the defendant can be a major factor that causes the judge to reduce their punishment. If the defendant happened to be a minor at the time when they committed the crime, this could cause the judge to give a reduced punishment compared to the punishment they would have received if they committed a while being a legal adult.

Remorse

Expressing to the court that you are remorseful and feel guilty of the crime you have done, it may reduce your sentencing. If they believe that you regret what you did and that you won’t do it again, the judge may grant you some mercy.

No priors

If this is the first time you have ever committed a crime, that can lead to a lighter punishment than if you are a repeat offender. It is easier for the criminal defense lawyer to get the judge to believe that you won’t commit another crime if this is the first one you ever committed, versus if this is your third, fourth or fifth time committing a crime.

No harm

If the crime that you are on trial for didn’t cause any harm to another civilian, that could possibly be a factor that could cause the judge to reduce your charges. Violent crimes usually get harsher punishment, so if no violence was involved, they might get a lighter punishment.

Small role

Having a minor role can be considered a mitigating circumstance. This is when you were involved in a crime, but you played a small role in it compared to the other perpetrators. Due to your small role, you may get a shorter sentence or reduced charges compared to those who played a larger role in the crime.

Being on trial can be frightening, so hearing that your sentence is reduced can be very relieving. It’s important to hire a good criminal attorney so that they may help find these mitigating circumstances, so you can get a reduced punishment.