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TCA 40-35-113

Mitigating factors

FELONYFelony

What does this charge mean?

Mitigating factors are circumstances that may justify a reduced sentence, such as the defendant's minor role in the offense, mental health issues, cooperation with authorities, or genuine remorse.

Penalty Details

ClassificationFelony
Penalty SummaryFelony
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, including a misdemeanor or non-violent felony committed while the defendant was a victim of human trafficking or a commercial sex act; and (13) Any other factor consistent with the purposes of this chapter.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

FELONY
TCA Section40-35-113