Mitigating Factors

Mitigating Factors

Our role as your skilled, experienced and effective San Diego Felony and Misdemeanor Crime Defense Attorneys is to present a persuasive defense as well as to establish all of the facts in mitigation, such as the following:

  • The defendant who is charged with the San Diego crime was not on probation or parole when the crime was committed;
  • Whether the defendant accused of the crime demonstrated a high degree of cruelty, viciousness and/or callousness;
  • Whether the defendant prosecuted for a crime was armed with or used a weapon at the time of the commission of the crime;
  • The defendant charged with a crime did not induce others to participate in the commission of the offense or occupied a position of leadership or dominance of other participants in its commission;
  • Whether the defendant who is charged with a crime induced a minor to commit or assist in the commission of the crime;
  • Whether the defendant who faces any charge has not been convicted of other crimes for which consecutive sentences could have been imposed but for which concurrent sentences are being imposed.
  • The manner in which the crime and/or offense did not demonstrate it was carried out with planning, sophistication, or professionalism;
  • Whether the charges or offenses did not involve an attempted or actual taking or damage of “great monetary” value;
  • Whether the defendant who is accused of any of crimes took advantage of a position of trust or confidence to commit the offense;
  • Whether the defendant who is charged with a crime has engaged in violent conduct that indicates a serious danger to society;
  • The crime and/or offense was not committed by a defendant who has previously served a prior prison term;
  • Whether the defendant who is charged with the crime was suffering from a mental or physical condition that significantly reduced culpability for the felony crime;
  • Whether the defendant accused of a crime is ineligible for probation;
  • Whether the defendant charged with a crime made restitution to the victim;
  • Whether the crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness and/or callousness.
The San Diego criminal defense lawyers from Spital & Associates can help clients with felony and misdemeanor cases. As experienced criminal defense attorneys, Spital & Associates has been helping clients in San Diego, CA for many years. Call our San Diego criminal defense attorneys at 619-583-0350 for your free consultation today!