If you are unable to successfully raise a defense to a crime, you may still have the crime reduced to a lesser included offense or have the punishment decreased. Surprisingly, courts are usually quite receptive to mitigating factors.

Factors of Mitigation

• No prior record
• Insignificant record
• Mental impairment
• Physical condition
• Voluntary admission of guilt
• Defendant makes restitution to the victim
• Prior performance on probation was good
• Alcoholism (to a degree)
• Narcotics addiction (to a degree)
• Mental or emotional disturbance
• Provocation

While this list is not exhaustive, this gives you an idea of what a court is looking for when you raise mitigating factors.

Additionally, each state will accept different circumstances and characteristics in mitigation of the crime.