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Mitigating Factor: Necessity

By Baker Associates

Our blog has recently focused on mitigating factors and with good reason. Statutorily-recognized mitigating factors are a tremendous tool that defendants can use in Tennessee to obtain more favorable treatment at sentencing. Sometimes this means a defendant can obtain a sentence below the presumptive sentence, and sometimes mitigating factors simply serve to counteract the effect of enhancement factors, allowing the defendant to avoid a sentence harsher than the presumptive sentence. One of the mitigating factors that is especially applicable today can be found in T.C.A. section 40-35-113(7) and reads that one mitigating factor can be that ?the defendant was motivated by the necessity to provide necessities for the defendant?s family or the defendant?s self...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on January 18, 2010 (boomark / email).