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Mitigating Factors: Non-Violence

By Baker Associates

Statutorily-recognized mitigating factors are among the most powerful tools available to a defendant seeking to argue for a reduced sentence. These factors allow the defendant to claim that certain aspects of his or her alleged criminal activity fits into one or more categories recognized by the State of Tennessee as behavior or circumstances that make an offense less serious than it otherwise would be. One statutorily-recognized mitigating factor is that the offense did not threaten or cause serious bodily injury. Stated another way, one could simply say the crime was one of non-violence. It is not difficult to deduce the reasoning behind the recognition of non-violence as a mitigating factor. Offenses are clearly more serious where they endanger someone?s life, put someone at risk of harm, or actually injure or kill a victim...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on January 12, 2010 (boomark / email).