Mitigating Factors: Unusual Circumstances
One potential mitigating factor that defendants can use at sentencing in an effort to get a reduced sentence is where “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.” This mitigating factor is one that will not be used all that often because it requires that the circumstances surrounding the conduct be unusual, but when such unusual circumstances give rise to the criminal conduct in question, this factor can be highly effective.
One example of when this factor might be applicable comes from a somewhat bizarre story that took place on Monday in Syracuse, New York, where a man was apparently hanging out on a street corner while intoxicated when he became the victim of a random drive-by shooting. The man, wounded in his shoulder by a single gunshot, then tried to drive himself to the hospital. Unfortunately, he began his trek on the wrong side of the road and failed to correct that mistake, smashing into another vehicle. He was charged with DWI. The personal injury law consequences of this ill-fated decision are discussed here.
Should the man be convicted of DWI, he may want to explore using this mitigating factor at his sentencing. After all, it is certainly not an ordinary circumstance to be the victim of a random shooting, and the man may be able to argue that he thought his best chance for survival was to drive himself to the hospital, gunshot wound and intoxication notwithstanding. Whether or not this mitigating factor will be successful in earning the defendant a reduced sentence will depend on the sentencing procedures of the State of New York and the discretion of the trial judge. In Tennessee, however, this factor is statutorily recognized and can lead to a reduced sentence for defendants who have been convicted of an offense. Since any mitigating factor is a good one, defendants should always consider using this factor at sentencing when there are unusual facts or circumstances surrounding the offense.
Source: http://www.syracuse.com/news/index.ssf/2010/01/man_shot_crashes_while_driving.html
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