Mitigating Circumstances in California – What Does it Mean? What are Examples?

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:

1. You only played a minor role in the crime.
2. The alleged “victim” provoked the crime, and you were acting in self-defense.
3. You committed the crime under circumstances of duress.
4. You exercised caution to avoid harm to other people or property.
5. You committed the crime to provide necessities to you or your family.
6. if a firearm was used in the commission of the crime, it was unloaded or inoperable.²
7. You have no prior convictions.
8. You voluntarily acknowledged wrongdoing prior to your arrest or at an early stage of the criminal proceeding.
9. You were the victim of childhood trauma, have a personal history of victimization or neglect, or were suffering from a mental illness that reduced your culpability.
10. You were under 26 years old at the time of the crime.³

1. Why does a criminal defense lawyer present mitigating circumstances?

A California criminal defense attorney or law firm usually offers mitigating factors into evidence in order to:

1. portray a positive image of you, and
2. show that your acts, criminal conduct, or criminal charges were out of character.

If successful, the ultimate hope is that a judge will use any mitigating circumstances to award a lesser sentence.

2. What type of circumstances can you present?

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

3. What are the different kinds of mitigating circumstances?

Mitigating circumstances in California are typically divided into positive and negative.

• Positive mitigating factors show you in a good light, such as you have strong community ties or are your family’s breadwinner.
• Negative mitigating factors show that your personal challenges may have driven you to crime, such as if you grew up without parents and joined a gang young.

4. What are aggravating circumstances?

Aggravating factors in California are facts surrounding a criminal case that work to make the crime worse in some particular way. Five examples are:

1. You injured someone or caused property damage in the commission of the crime,
2. You were armed with a loaded firearm at the time of the offense,
3. The offense was committed in a heinous manner,
4. The “victim” was a senior or suffered from a disability, and/or
5. You were subject to a restraining order when the crime was committed.

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.

5. Can I present mitigating circumstances on appeal?

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.

---