Past Abuse as a Mitigating Factor in Illinois

 Posted on September 17, 2024 in Criminal Defense

One of the many consequences of abuse is that the resulting trauma can lead victims toward crime, too. While being abused does not mean you will automatically begin committing crimes, it can be considered a mitigating factor, especially during sentencing. A new law that was signed last month aims to allow for reduced sentences of convicted criminals who were abused in the past.

One reason for these efforts to lobby the government to consider past abuse in sentencing is the fact that so many convicts have reportedly suffered abuse before their incarceration. According to the National Online Resource Center on Violence Against Women, women who were abused are more likely to end up in jail than women who were not abused. 60-70% of incarcerated women reported experiences of abuse in their childhood, and 70-80% reported intimate partner abuse in their adulthood before their arrest. The numbers alone show that this is a trend that should not be ignored. If you are a victim of abuse facing criminal charges, speak with a dedicated Elgin, IL criminal defense lawyer to understand your sentencing options.

How Can a History of Abuse Impact Sentencing?

In Illinois, a history of abuse might help you get reduced criminal charges or impact your sentencing in several ways, including:

• Past abuse as a mitigating factor: The abuse that you survived in the past can be presented as a mitigating factor to explain why you acted in a certain way. Your lawyer might argue that your actions were influenced by the trauma from that abuse or that something triggered a trauma response that caused your behavior. Judges often consider mitigating factors when deciding on a sentence. If your lawyer can demonstrate that your behavior was significantly influenced by your history, the judge might consider a lighter sentence or reduced charges.
• Diversion programs: Illinois offers diversion programs, which focus on rehabilitation rather than punishment for certain people, including victims of abuse. Participation in a diversion program can lead to reduced charges or a more lenient sentence.
• Plea bargains: In negotiations, your lawyer can use your history of abuse to seek reduced charges. The prosecution might be more agreeable to lesser charges if they understand the impact of your abuse history on your behavior.

Schedule a Free Consultation with a Kane County, IL Criminal Defense Lawyer

If you are facing criminal charges, speak with a compassionate Aurora, IL criminal defense attorney to understand how your past abuse might help reduce your sentence. At The Law Office of Brian J. Mirandola we understand how traumatizing it can be to discuss and how difficult it is to keep rehashing the memories of what you suffered. However, we also know that what you survived is part of the reason why you are facing charges now. We will fight aggressively for your rights to a more lenient sentence. Call us at 847-488-0889 to schedule a free consultation so we can get started on building a strong case.