There’s nothing you can do after being convicted of a violent crime.
The consequences are severe. The risks are real. And without the right approach, the court could sentence the defendant to the maximum term of imprisonment.
The good news…
There are strategies that work. And they can help reduce the penalty. Even for violent crimes.
In this post, we’ll cover:
- Why mitigation is so important in violent crime cases
- What types of facts are considered mitigating factors
- How an experienced criminal law defense attorney can make a difference
- Mitigation strategies for reducing penalties in violent crime cases
Why Mitigation is so Important in Violent Crime Cases
Mitigation is the legal process of introducing facts that reduce the harshness of a sentence.
It doesn’t excuse or justify the defendant’s actions. But it does explain circumstances surrounding the crime that help a judge or jury understand why a lesser sentence is appropriate.
In violent crime cases, mitigation is particularly important because judges have so much discretion in determining a punishment. And the default sentence for many violent crimes is severe.
In 2024, the U.S. Sentencing Commission’s Annual Report reported that 97% of all persons sentenced entered a guilty plea. That’s because almost all cases are resolved through plea deals rather than going to trial. And when defendants plead guilty, the sentencing hearing is the defendant’s last chance to influence the outcome.
That’s where experienced defense attorneys, such as lawyers in Los Angeles and other criminal defense lawyers nationwide, come in. They know that a well-presented mitigation case can make all the difference between years in prison or a much lighter sentence.
Think about it…
In the absence of mitigating evidence, judges and juries make decisions based only on the facts of the offense. With mitigation, they have a more complete picture of the situation.
What Types of Facts are Considered Mitigating Factors
Courts have broad discretion in criminal sentencing. And they have the power to take into consideration almost any fact that could support a lower penalty.
These are the most common factors that judges view as mitigating:
- The defendant has no prior criminal record.
- The defendant played a minor role in the crime.
- The defendant has shown genuine remorse for his or her actions.
- The victim was partly at fault for the crime or instigated it in some way.
- The defendant was under the influence of extreme mental or emotional disturbance when the crime was committed. In fact, about half of the states in the U.S. permit evidence of this type of extreme mental or emotional disturbance as a mitigating factor in criminal sentencing.
None of this excuses the crime. It just explains it. And that’s important.
How an Experienced Criminal Law Defense Attorney Can Make a Difference
The same set of facts can lead to wildly different outcomes if not presented properly. An experienced criminal defense attorney knows how to investigate, interview witnesses, and build a strong mitigation case.
The process generally involves:
- Investigating the defendant’s history.
- Hiring experts to provide testimony.
- Interviewing family, friends, employers, and others who can vouch for the defendant.
- Gathering and presenting documentation such as medical records, employment history, military records, etc.
This isn’t about making excuses. It’s about providing a more complete understanding of who the defendant is beyond the act of the crime.
The objective is simple…
Demonstrate to the court that the defendant is capable of rehabilitation. And that a reduced sentence better serves the interest of justice.
Mitigation Strategies to Reduce Sentences for Violent Crime Cases
So, how does this actually work?
There are a number of tactics that a criminal law defense attorney may use in an attempt to mitigate the penalties associated with violent crime convictions.
Negotiate Prior to Sentencing
The mitigation hearing isn’t the only opportunity for negotiation. Criminal defense attorneys begin negotiating at the earliest opportunity.
If it’s a plea deal, the defense attorney will present mitigating factors to the prosecutor prior to trial to get the most favorable plea agreement possible.
Take Responsibility Early
Judges tend to reward defendants who take responsibility for their actions. In the Federal Sentencing Guidelines, early acceptance of responsibility is a mitigating factor that can lead to a reduced sentence.
Waiting until after the trial is concluded to express remorse carries less weight than doing it early in the process. Taking responsibility for your actions shows genuine accountability.
Treat Underlying Causes
If addiction or mental health issues are at the root of the crime, then addressing them prior to sentencing can have a significant impact.
Attending treatment programs, counseling, and other forms of rehabilitation are all steps the defendant can take to show a commitment to change. This type of effort can sway the court because it suggests that the defendant will be less likely to reoffend.
Cooperate with the Authorities
Defendants who provide substantial assistance to law enforcement can earn sentence reductions. If the defendant provides information or testimony to the police or prosecutor that helps them convict others, the court will typically grant leniency to the cooperating individual.
It’s not about turning on anyone. It’s about showing remorse for your own actions.
Challenge Aggravating Factors
Prosecutors seek to enhance sentences by presenting aggravating factors. A defendant can successfully challenge those arguments as part of their mitigation strategy.
If the prosecutor is arguing that the crime was especially violent or that the defendant has shown no remorse, the defense attorney can offer evidence to the contrary.
Put Together a Strong Mitigation Case
Preparing a strong mitigation strategy takes work.
It starts with a complete understanding of the defendant’s history. Every case is unique. And every defendant has different circumstances that might affect their sentencing.
The best mitigation cases tell a story. The case history should explain where the defendant came from, what happened leading up to the crime, and why the defendant should be given a chance at rehabilitation rather than the maximum possible penalty.
Pretty effective, if you ask us.
This type of strategy doesn’t guarantee a more lenient sentence. But it gives the court reasons to consider one.
Conclusion
Mitigating a sentence for a violent crime conviction takes planning, preparation, and a strong legal strategy.
Here are the key takeaways:
- Mitigation is the introduction of facts that help explain a crime without excusing it.
- The most common mitigating factors include no prior record, playing a minor role, showing remorse, and evidence of mental or emotional disturbance.
- Taking action and making efforts to show responsibility and remorse before sentencing usually leads to better results.
- The defense should always challenge aggravating factors that the prosecution will likely present in court.
Courts have discretion when it comes to sentencing. That means there’s always room for negotiation. With the right strategy and effective legal counsel, a defendant facing a violent crime charge can significantly reduce the penalty.
Every defendant deserves a complete defense. And every defendant deserves an advocate who’s going to fight for the best possible outcome.