1540 E. Maryland Ave., Suite 100B
Phoenix, AZ 85014
Call For Your 30 Min Case Evaluation
1540 E. Maryland Ave., Suite 100B
Phoenix, AZ 85014
Call For Your 30 Min Case Evaluation
If you’re facing criminal charges in Arizona, understanding mitigation could make a big difference in your case. Mitigation means showing reasons why you should get a lighter sentence. Here, we will explain how mitigation works in Arizona and why speaking with an Arizona criminal defense lawyer is so important.
Mitigation is when you give the judge reasons to give you a shorter sentence or less punishment. It’s like explaining why you deserve a second chance or showing that you’re not as bad as the charges make you seem.
In Arizona, judges have to pick a sentence within a certain range. For example, a crime might have a range of 5 to 15 years in prison. The judge starts in the middle of that range, what is known as the “presumptive” sentence. Then, the court can increase or decrease the length of a sentence based on good reasons (mitigation) or bad reasons (aggravation). This process is outlined in Arizona Revised Statutes (A.R.S.) § 13-701 and § 13-702.
Mitigation can make a huge difference in your sentence. It could mean the difference between going to prison or staying free, a long sentence or a short one, or a harsh punishment versus a chance to make things right.
Even if you’re found guilty, good mitigation could help you get probation instead of jail time, a shorter prison sentence, drug treatment instead of punishment, or a fine instead of jail time. A.R.S. § 13-901 allows for probation in many cases, depending on the offense and circumstances.
Mitigation gives the judge reasons to be more lenient with you. It helps paint a full picture of who you are beyond just the crime you’re accused of.
Mitigation usually happens at sentencing, after you’ve been found guilty. But it’s important to start thinking about mitigation early in your case. Your Arizona criminal defense lawyer should start gathering mitigation evidence right away.
Mitigation can also be useful when negotiating a plea deal, arguing for lower bail or release from jail, or asking for diversion programs or alternative sentences. A.R.S. § 13-3422 provides for deferred prosecution programs in some drug cases, and mitigation may be crucial in determining eligibility for these programs.
If this is your first offense, that’s a big deal. It shows you’re not a career criminal. The judge might give you a lighter sentence to give you a chance to get back on the right path.
If you played a small part in the crime, that can help. For example, if you were just the driver and didn’t know a robbery was happening, you might get a lighter sentence than the person who actually robbed the store.
Additionally, the fact that drugs, alcohol, or mental health problems led to the crime may be mitigating factors – Especially if you’re willing to get treatment. The judge might see that punishment won’t solve the real problem. A.R.S. § 13-901.01 even requires probation instead of jail for some first and second-time drug offenses.
If you committed the crime because of a really tough situation, that could help. Maybe you lost your job and couldn’t feed your family. Or maybe you were homeless and stole to survive. This doesn’t excuse the crime, but it helps explain it.
If you’re truly sorry for what you did, that matters. Admitting you were wrong and wanting to make things right can show the judge you’ve learned your lesson.
Evidence that you’re a good person overall can help. This might include letters from family, friends, or employers saying good things about you, proof of volunteer work or helping your community, or awards or achievements you’ve earned.
If you have kids or others who depend on you, that can be mitigation. The judge might give you a lighter sentence so you can keep supporting your family.
Very young offenders or very old ones might get lighter sentences. Young people’s brains are still developing, so they might deserve a second chance. Older people might be less of a risk to commit more crimes.
Your Arizona criminal defense lawyer will help you gather and present mitigation evidence. This might include:
Your lawyer might also hire a mitigation specialist. This is someone who digs deep into your background to find reasons for a lighter sentence. They might interview your family, look at your school records, or research your family history.
When presenting mitigation, it’s really important to be honest. Don’t make up stories or exaggerate. Judges and prosecutors can usually tell when someone’s not being truthful. If you’re caught in a lie, it could hurt your case more than help it.
It’s okay to admit you made a mistake. Showing that you understand what you did wrong and want to change can be powerful mitigation.
Mitigation isn’t just for sentencing. It can also help when your lawyer is trying to get you a better plea deal. If the prosecutor sees strong mitigation evidence, they might offer a deal for a less serious charge or recommend a lighter sentence.
Your lawyer can use mitigation to show the prosecutor that you’re not a bad person, just someone who made a mistake. This might make them more willing to give you a second chance.
Different types of crimes might have different kinds of mitigation. In drug cases, showing that you’re addicted and want treatment can be a strong mitigation. The judge might prefer to send you to rehab instead of prison. A.R.S. § 13-901.01 requires probation and drug treatment for some first and second-time drug possession offenses.
In DUI cases, taking alcohol education classes or joining a support group like AA can help. It shows you’re taking steps to make sure it doesn’t happen again. A.R.S. § 28-1381 allows for alcohol screening and education as part of DUI sentencing.
In theft cases, paying back what you stole (called restitution) can be good mitigation. It shows you’re trying to make things right. A.R.S. § 13-603(C) requires the court to order restitution to the victim in these cases.
Arizona has some tough sentencing laws, but mitigation can still make a big difference. For many crimes, there’s a range of possible sentences. The judge has to start at the middle of that range. Then, they can go up or down based on aggravating or mitigating factors. This process is outlined in A.R.S. § 13-701 and § 13-702.
For example, let’s say a crime has a sentencing range of 5 to 15 years, with a presumptive sentence of 10 years. The judge would start at 10 years. If there are more mitigating factors than aggravating ones, the judge could go down to 5 years. If it’s the other way around, they could go up to 15.
In some cases, good mitigation can even convince a judge to give probation instead of prison time. And even in circumstances where the court cannot place someone on probation but must sentence them to prison, an attorney can utilize their client’s mitigation to request an order allowing a person to seek clemency within 90 days of being incarcerated. This is outlined in A.R.S. § 13-603(L).
Mitigation is a key part of defending yourself in an Arizona criminal case. It gives the judge reasons to be more lenient with you. Even if you’re found guilty, good mitigation can make a big difference in your sentence.
If you’re facing criminal charges, talk to your Arizona criminal defense lawyer about mitigation right away. Start gathering evidence and thinking about your story. With the right approach, you might be able to get a much better outcome in your case.
Remember, everyone makes mistakes. Mitigation is your chance to show that you’re more than just your worst moment. It’s an opportunity to tell your full story and ask for the chance to do better.
The Molina Law Group focuses on two
areas of law; Criminal Defense and Personal
Injury - Call Us Now - (602) 718-1249