What constitutes a "mitigating factor" during sentencing?

A mitigating factor during sentencing refers to circumstances surrounding the offense or the offender that may lead the court to impose a lesser sentence than what might typically be expected. These factors can include a range of considerations, such as the defendant's lack of prior criminal history, a demonstrated sense of remorse, or any extenuating circumstances that can explain their behavior.

By highlighting these mitigating factors, the defense can provide context for the offender's actions and suggest that they warrant a more lenient penalty. This is crucial because the legal system often seeks to balance justice for the offense with compassion for the individual circumstances of the offender.

In contrast, previous felony convictions would typically serve as aggravating factors, which tend to lead to harsher sentences. Circumstances justifying a more severe sentence and occurrences leading to mandatory minimum sentences also do not align with the definition of mitigating factors, as they do not support a reduction in sentencing.