What Are Mitigating Factors In Florida Criminal Sentencing?

Facing a criminal charge in Florida is a very serious situation. But along with a strong defense from an experienced West Palm Beach criminal defense lawyer, “mitigating factors” related to the crime can reduce the fines, jail time, and other penalties levied by the state during the criminal sentencing phase.

Facing a criminal charge in Florida is a very serious situation. But along with a strong defense from an experienced West Palm Beach criminal defense lawyer, “mitigating factors” related to the crime can reduce the fines, jail time, and other penalties levied by the state during the criminal sentencing phase.

What are mitigating factors, and how do they affect sentencing? Find out below.

What Are Mitigating Factors?

In the same way that there are “aggravating factors” in Florida criminal cases – factors that can result in harsher, stiffer penalties for committing a crime – there are also mitigating factors.

As the name suggests, mitigating factors are taken into account during sentencing to mitigate the severity of the crime. Even after a person is found guilty of a crime, mitigating factors may reduce the penalties that they have to face after they are found to be guilty. In some cases, this could even lead to things like going on probation rather than facing imprisonment for a crime.

Under Florida Law, there are a lot of different mitigating factors that may be taken into account by a judge. This includes:

• The defendant was only an accomplice
• The defendant was mentally unable to understand the criminal nature of what they did
• The defendant has a mental disorder that needs specialized treatment, and is willing to undergo this treatment
• The defendant has negotiated a plea bargain with the prosecution
• The defendant is a youthful offender
• The defendant performed criminal acts under the coercion of another person, or under some other kind of duress

These factors don’t just matter during sentencing. With the help of a West Palm Beach criminal defense lawyer, these factors can be taken into account during the proceedings, and it may be possible to positively impact the outcome of a case.

How Do Mitigating Factors Affect Criminal Sentencing?

Mitigating factors reduce the penalties that are levied against a person who is found guilty of a crime. The judge will take these factors into account, along with the jury’s recommendation, when deciding which penalties to apply to the defendant.

In Florida, judges have quite a lot of discretion in the sentencing phase and could reduce monetary penalties, reduce or eliminate jail time, and recommend alternative methods of punishment due to the presence of mitigating factors.

However, this is not true of cases with mandatory minimum sentences, such as some felony drug, firearm, and sex offenses. It may be possible to have these charges dismissed or downgraded with the help of a lawyer, but if you are found guilty of a crime with a mandatory minimum sentence, mitigating circumstances have no effect on the fines or jail time associated with the crime.

Get Help From An Experienced West Palm Beach Criminal Defense Lawyer

Mitigating circumstances are very important in criminal cases in West Palm Beach. Not only can they help a defendant reduce their penalties if they are found guilty, but they can even help prove innocence or lead to dismissed charges in a jury trial.
This is one of the many reasons why it’s so important to work with Salnick Law, P.A.. Our experienced West Palm Beach criminal defense attorneys can help you build the best possible case for your defense, and we know how to use mitigating circumstances to your advantage. Contact us online or call now at 561-286-8570 to get started.