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Criminal Law Newsletter

Reducing the Severity of the Crime

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, it 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.

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Samuel C. Ward Jr. & Associates
Samuel C. Ward Jr. & Associates, Attorneys at Law, is located in Baton Rouge, LA and serves clients in and around Baton Rouge, Baker, Brusly, Addis, Port Allen, Sunshine, Zachary, Saint Gabriel, Watson, Greenwell Springs, Carville, Bueche, Erwinville, Grosse Tete, Duplessis, Plaquemine, Glynn, Prairieville, Bayou Goula, Pride, Ascension County, East Baton Rouge County, East Feliciana County, Iberville County and West Baton Rouge County.

Office: 225.330.6677
Fax: 225.330.6680

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Baton Rouge, LA 70802

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