As seen on:
1610 Southern Blvd.
West Palm Beach, FL
Board Certified Criminal Trial Specialist
A judge may depart downward from ordering the lowest possible sentence if she feels there are mitigating circumstances that justify such a departure. The circumstances may include the following:
· An un- coerced plea bargain;
· Defendant had a very small role in the crime;
· Defendant’s capacity to understand the criminal nature of the crime was substantially impaired;
· Defendant requires special treatment for a mental illness that does not include substance abuse or a physical disability. Substance abuse or addiction or intoxication during the crime is not a mitigating factor.
· Defendant agrees to treatment of this illness;
· The victim’s need for restitution or payment outweighs the need for the prison sentence;
· Victim initiated, provoked or participated in the offense;
· Defendant acted under extreme duress or was under the domination of someone when committing the offense;
· The victim was substantially compensated before the defendant was identified;
· The defendant cooperated with the state regarding this or other offenses;
· The defendant committed the offense in an unsophisticated way and it was an isolated incident;
· The defendant is remorseful;
· The defendant was too young to understand the consequences of the offense; and
· The defendant is a youthful offender.