Aggravating vs. Mitigating Circumstances

The defendant induced others to participate in the commission of the offense.

• Aggravating Circumstance

• Mitigating Circumstance

At the time of the offense, the defendant was suffering from a mental or physical condition that was insufficient to constitute a defense but that significantly reduced the defendant’s culpability.

• Aggravating Circumstances

• Mitigating Circumstances

The defendant aided in the apprehension of another felon or testified truthfully on behalf of the prosecution.

• Aggravating Circumstances

• Mitigating Circumstances

The offense was committed for hire.

• Aggravating Cicumstances

• Mitigating Circumstances

The offense was especially heinous, atrocious, or cruel.

• Aggravating Circumstances

• Mitigating Circumstances

The defendant has made substantial or full restitution.

• Aggravating Circumstances

• Mitigating Circumstances

The defendant was armed with or used a deadly weapon during the crime.

• Aggravating Circumstances

• Mitigating Circumstances

The defendant took advantage of a position of trust or confidence to commit the offense.

• Aggravating Circumstances

• Mitigating Circumstances

The defendant acted under strong provocation, or the victim was a voluntary participant in the criminal activity or otherwise consented to it.

• Aggravating Circumstances

• Mitigating Circumstances

The defendant has been made a person of good character or has a good reputation in the community.

• Aggravated Circumstances

• Mitigating Circumstances