How To Use A Mitigation Defense in a Criminal Case
When facing federal criminal charges, the stakes are high. Federal cases often come with severe penalties, and the sentencing process can feel overwhelming. However, one powerful tool in a defense attorney’s arsenal is the use of a mitigation defense. As experienced criminal defense attorneys in Ohio, we understand how critical it is to present compelling mitigating factors to achieve a fair outcome in federal court.
If you have been charged with a federal crime, hiring a criminal defense attorney experienced in federal law is incredibly important. At Joslyn Law Firm, we have experience litigating both state and federal cases and have a deep understanding of the federal sentencing guidelines that are applied to every case and how mitigating factors can help to reduce the level of offense. If you are facing federal charges, reach out to the Joslyn Law Firm for a free case evaluation with a federal criminal defense attorney near you. (614) 444-1900
What Is a Mitigation Defense?
One of the biggest differences between federal and state cases is that in state cases sentences are somewhere black and white based on the offense, whereas in a federal case, other factors like criminal history or personal history, can be taken into account.
To define mitigating factors in a federal criminal case it must be understood that a mitigation defense doesn’t seek to prove innocence or challenge the legality of the charges. Instead, it focuses on presenting evidence and arguments to:
- Reduce the Severity of Sentencing: Highlighting circumstances that warrant leniency under federal sentencing guidelines.
- Humanize the Defendant: Providing context to the defendant’s actions, showing that they are more than the offense they committed.
- Encourage Alternative Sentencing: Advocating for rehabilitative or noncustodial sentences when appropriate.
Mitigation comes into play most significantly after a conviction or guilty plea, during the sentencing phase.
What Are 18 USC 3553(a) Factors? Defining Mitigating Factors in Federal Cases
Federal judges consider a variety of factors during sentencing, these are called 3553(a) factors, which according to 18 U.S. Code § 3553, are designed to protect individuals and take into account more than just the crime committed but the other factors surrounding the case that may be playing a part. 3553(a) factors will be heavily weighed and can help to influence a well-prepared mitigation defense. These include:
- Lack of Criminal History: Demonstrating that the defendant’s actions were out of character and that they have no significant prior offenses.
- Personal Circumstances: Explaining how factors such as mental health challenges, addiction, financial strain, or a difficult upbringing contributed to the offense.
- Remorse and Accountability: Showing that the defendant has accepted responsibility and is genuinely remorseful for their actions.
- Cooperation with Authorities: Highlighting any assistance provided to law enforcement or prosecutors in investigating the case or other criminal activities.
- Positive Contributions to Society: Providing evidence of the defendant’s community involvement, employment history, or family responsibilities.
- Unusual Hardships: Demonstrating how incarceration would disproportionately harm the defendant or their dependents.
How Mitigation Defense Is Presented in a Federal Case
A successful mitigation defense requires meticulous preparation and persuasive presentation by a criminal defense attorney experienced in federal cases. This process often involves:
- Gathering Supporting Evidence: Collecting documents, such as medical records, character references, and employment history, to support mitigating claims.
- Engaging Expert Witnesses: Mental health professionals, social workers, or other experts can testify to factors that influenced the defendant’s behavior.
- Crafting a Compelling Narrative: Humanizing the defendant by presenting a coherent story that connects their background and circumstances to the offense.
- Highlighting Rehabilitation Efforts: Demonstrating proactive steps taken by the defendant, such as completing addiction treatment, counseling, or community service.
A mitigation defense can help individuals who have ended up in a position they otherwise would not have if circumstances had been different. Federal sentencing guidelines provide a framework, but judges have discretion in determining final sentences. A strong mitigation defense can lead to reduced prison time or alternative sentencing options, and helps the court to see the defendant as a whole person rather than solely focusing on their offense. In this way, a mitigation defense is able to foster a sense of fairness and balance in the sentencing process.
Mitigation Defense Case Study – Sentenced to Supervised Release
Case Overview: This case revolved around a client whose tragic past influenced his entanglement in a federal drug case. From childhood abuse to systemic failures, his life was a series of hardships. Our client was part of a very large criminal drug organization, and would drop off and pick up packages and deliver money. In this person’s circumstances, he was not even considered a middleman, he was just a courier, but he was facing conspiracy to distribute cocaine, fentanyl and methamphetamine and was looking at 10 years to life. In federal cases more than just the legal aspects are taken into consideration, other factors can come into play which provide a framework for a mitigation defense under the statute 18 USC 3553A factors. This required demonstrating how the client’s background significantly impacted his actions and providing evidence of his rehabilitation. Our client had been severely abused by his mother and her boyfriend from a young age all the way until he was 16. At that time, his mother’s house was raided for drugs and in an attempt to get himself out of his horrible living situation, he claimed that the drugs and weapons found in the house were his. He ended up in adult prison for four years, where he endured even worse mistreatment. When he got out of prison he led a quiet life but ended up as a dog walker for a drug dealer who got him to run errands which led him to the circumstances by which he was arrested. By engaging psychologists and submitting detailed reports, we showcased our client’s history of abuse and his efforts to heal. His active participation in PTSD support groups we found for him further strengthened his case. This case lasted a year and a half and in the end, the court issued a sentence of supervised release instead of incarceration. This allowed the client to continue therapy and community support work, marking a turning point in his life.
See more of our recent case results
Contact an Experienced Federal Criminal Defense Attorney in Ohio
If you’re facing federal charges, the importance of a comprehensive defense strategy cannot be overstated. Mitigation is a critical component that requires in-depth legal knowledge and a nuanced understanding of federal sentencing procedures. At the Joslyn Law Firm, we are dedicated to building personalized defense strategies that include robust mitigation efforts to protect your future. We take the individual and their history and circumstances into account when fighting to get them the best possible outcome.
At The Joslyn Law Firm, we’re equipped to represent clients in both state and federal courts. If you’re facing criminal charges, contact us for a free consultation to ensure your rights are protected and your defense is tailored to the unique circumstances of your case. (614) 444-1900
