Mitigating factors often times go a long way in attempting to account for an individual’s behavior or to help explain and provide a better understanding of why a particular offense/incident occurred. Although mitigating factors cannot be used to justify or excuse an offense, Arizona Courts are required to take into consideration several statutorily identified mitigating factors:

• The age of the Defendant;

• The Defendant’s capacity to appreciate the wrongfulness of their conduct or to conform the Defendant’s conduct to the requirements of law was significantly impaired, but not so impaired as a constitute a defense to prosecution;

• The Defendant was under unusual or substantial duress, although not such as to constitute a defense to prosecution;

• The degree of the Defendant’s participation in the crime was minor, although not so minor as to constitute a defense to prosecution; and

• Any other factor that the Court deems appropriate to the ends of justice.

In addition, Arizona Courts have recognized numerous mitigating factors that are non-statutory in nature including but not limited to:

• Remorse;

• Love of family/concern for parents;

• Lack of criminal history;

• Employment history;

• Low intelligence;

• Prior military service;

• Disparity between sentences (as in between co-defendants); and

• Prior sexual and/or emotional abuse.

An experienced mitigation specialist can assist a defense attorney in attempting to persuade the prosecutor and/or judge through the presentation of mitigating circumstances that a lenient sentence is more appropriate based upon the individual client’s unique background and circumstances.