Mitigating Factors: Assisting the Authorities
The mitigating factor discussed in today’s blog can be found in T.C.A. section 40-35-113(10) and reads:
“The defendant assisted the authorities in locating or recovering any property or person involved in the crime;”
This can be a very useful mitigating factor for defendants, and is one that has been extended by Tennessee courts to encompass more than what is revealed in the statute. For example, this factor has been extended to apply where the defendant assists the authorities in locating not only other persons involved in committing the crime but also persons or property who were the victims of the crime. This would technically apply even where the victim of the crime is deceased and the defendant assisted authorities in locating the body.
More often than not, however, this will apply where the defendant helps authorities locate or uncover other persons responsible in the commission of the crime. This factor basically provides an incentive for defendants to assist authorities in their investigations by informing them of others who were involved in the commission of the crime, locating property that may have been lost, stolen, or damaged during the commission of the offense, or providing any information that leads to the location or recovery of any person or property otherwise involved in the crime.
This mitigating factor basically encompasses cooperating with the authorities in the investigation of a crime. One type of behavior that surely falls within the scope of this factor is that of assisting the authorities in locating and investigating others who were also involved in the offense but have not yet been apprehended, otherwise known as “snitching.” While such behavior is generally frowned upon in some social circles, it is certainly encouraged by Tennessee law and may lead to a reduced sentence for the defendant who is willing to provide the information. Of course, consulting with your East Tennessee criminal defense attorney regarding this matter may be a good idea. As a general rule, any time a defendant has cooperated at all with authorities in an investigation, he or she may want to try to use that cooperation in asserting the mitigating factor discussed here in an effort to get a reduced sentence.
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