Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Mitigating circumstances are facts surrounding a California crime that work to reduce your culpability or overall responsibility for committing an offense.1 You present mitigating circumstances during a misdemeanor and felony sentencing hearing to persuade the judge to grant a more lenient sentence.
Ten examples of mitigating factors include:
A California criminal defense attorney or law firm usually offers mitigating factors into evidence in order to:
If successful, the ultimate hope is that a judge will use any mitigating circumstances to award a lesser sentence.
California defense lawyers generally can offer into evidence any mitigating factors that are relevant to your responsibility for committing a crime.
In determining relevance, judges follow relevant statutes and court rules that outline what mitigating factors they should consider.4
Mitigating circumstances in California are typically divided into positive and negative.
Aggravating factors in California are facts surrounding a criminal case that work to make the crime worse in some particular way. Five examples are:
If a judge finds that the mitigating factors in a case outweigh any aggravating factors, then they are likely to impose a lesser sentence. Though if the aggravating factors outweigh the mitigating ones, then the judge may impose a harsher sentence.
Usually, no. California appellate courts are typically not allowed to review any new evidence. This means that if you did not present any mitigating circumstances during your sentencing, you cannot present them on appeal.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.