Mitigating Factors that may Reduce Your Sentence

Print Friendly

improving your caseImproving Your Case by Improving Yourself

There are numerous things that you can do after you pick up criminal charges to help you in your case.  These factors show the prosecutor and the judge that you are a good person and deserve a light sentence or good plea offer.  From the very beginning of your case, you should be talking to your Colorado Criminal Lawyer about the ways you can improve yourself to improve your case.

One of the best things you can do while awaiting trial or sentencing is to take steps to improve your own life.  For example, if you do not have a job, start looking for a job.  If you have health problems, see a doctor to try to get the problems resolved.  If you have an addiction issue, considering going to narcotics anonymous or another treatment program.

Making these changes in your life not only helps you in life, but it also helps your criminal case.  When you better yourself, you give your attorney information that he can present to the prosecutor that will help to humanize you and make it more likely that the prosecutor will give you a better plea deal.  Additionally, if you lose at trial, the judge may look favorably on the changes in your life and give you a better sentence.

Keep in mind that the best changes you can do in your own life will also be some of the best things you can do for your case while awaiting trial.  But, before you make any changes, take the time to talk to your attorney about the changes you want to make and how they can effect your case.

Some of the things that you can show the prosecutor to help mitigate your sentence include:

  • Dealing with Drug Addiction
  • Showing how your criminal history does not reflect who you are
  • Getting involved in your community
  • Getting involved in your religion
  • Attempting to pay restitution
  • Getting an Education
  • Mental Health Issues
  • Physical Health Issues
  • Showing that you were only partly responsible or that you played a minimal role in the crime
  • Showing that you have already been punished because a prior crime became enhanced as a result of the new crime
  • showing compulsive gambling issues
  • showing battered woman’s syndrome
  • showing status as a refugee

There are literally thousands of ways to mitigate your sentence.  You should talk to your Colorado Criminal Attorney and creatively determine ways to mitigate your sentence.

For a current discussion of the law surrounding mitigating factors, see this publication on mitigating circumstances from Michael Levine.

The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.

Written by

Nathaniel has worked in criminal law on both sides of the aisle spending time working for the prosecution as well as the defense. Most recently Nathaniel has represented individuals in violent felonies and drug cases. Prior to this work, Nathaniel handled DWIs, Domestic Violence Cases, Property Crimes, and White Collar Crimes. On the prosecutorial side, Nathaniel has most notably worked in Bosnia helping to prosecute individuals who committed war crimes and crimes against humanity in the Bosnian War from 1993-1995. In particular, Nathaniel helped in the prosecution of military leaders who arranged for the organized murders and rapes of innocent civilians in various towns in Bosnia. Nathaniel is a graduate of the University of Texas School of Law, Northwestern University, and Phillips Exeter Academy. Google Profile: Nathaniel Baca