Mitigating Factors

1. Law
2. Tennessee Code
3. Criminal Procedure
4. Tennessee Criminal Sentencing Reform Act of 1989
5. General Provisions
6. Mitigating Factors

If appropriate for the offense, mitigating factors may include, but are not limited to:

1. The defendant's criminal conduct neither caused nor threatened serious bodily injury;
2. The defendant acted under strong provocation;
3. Substantial grounds exist tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;
4. The defendant played a minor role in the commission of the offense;
5. Before detection, the defendant compensated or made a good faith attempt to compensate the victim of criminal conduct for the damage or injury the victim sustained;
6. The defendant, because of youth or old age, lacked substantial judgment in committing the offense;
7. The defendant was motivated by a desire to provide necessities for the defendant's family or the defendant's self;
8. The defendant was suffering from a mental or physical condition that significantly reduced the defendant's culpability for the offense; however, the voluntary use of intoxicants does not fall within the purview of this factor;
9. The defendant assisted the authorities in uncovering offenses committed by other persons or in detecting or apprehending other persons who had committed the offenses;
10. The defendant assisted the authorities in locating or recovering any property or person involved in the crime;
11. The defendant, although guilty of the crime, committed the offense under such unusual circumstances that it is unlikely that a sustained intent to violate the law motivated the criminal conduct;
12. The defendant acted under duress or under the domination of another person, even though the duress or the domination of another person is not sufficient to constitute a defense to the crime; and
13. Any other factor consistent with the purposes of this chapter.

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