Are there any mitigating factors that can be used to reduce a sentence for a violent crime?

Yes, there are mitigating factors that can be used to reduce a sentence for a violent crime in Indiana. Mitigating factors could include: a lack of intent to commit a violent crime; age; mental illness or disability; voluntary completion of a rehabilitation program; participation in a restorative justice program; or a demonstrated capacity to be rehabilitated. Generally, the court considers whether some form of leniency is appropriate if they believe a defendant is unlikely to reoffend. Additionally, there are several ways a lawyer can negotiate a plea bargain to reduce a sentence. These strategies may include: requesting a reduced charge; arguing for a lesser sentence; or raising mitigating factors to reduce a sentence. For example, if the accused was acting out of self-defense, had a drug or alcohol abuse problem, or was a juvenile at the time of the crime, these issues could reduce their sentence. In some cases, alternative sentencing can also be used to reduce a sentence for a violent crime. Alternative sentences allow the offender to serve some period of incarceration, but may also include probation, community service, or mental health counseling. Judges may also consider alternatives to reduce the impact of incarceration on an offender’s family. Finally, if a violent crime was committed under the influence of drugs or alcohol, the court may consider addiction treatment as an alternative to a jail sentence. This type of treatment has proven to be an effective way to help offenders deal with the root causes that led to their criminal activity and to reduce the likelihood of repeat offenses.

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