Tennessee Criminal Lawyer Blog

In what can only be described as one of the odder mother-son interactions you will ever see, a fourteen year-old Toronto boy was arrested last Saturday after he threw a knife at his mother in an effort to stop her from driving drunk. Reportedly, the woman had been drinking and was attempting to get in the car and drive against the wishes of her son. The son took the keys away from his mother, and the dispute only escalated from there, resulting with the boy throwing the knife at his mother. Unfortunately, the throw was a good, one and the knife actually struck the mother in the upper body, causing fairly serious injury. She remained hospitalized in stable condition at the time the article cited below was written. The teen has been charged with aggravated assault.

This scenario provides a perfect example of when the mitigating factor found in T.C.A. § 40-35-113(3) may apply. This factor reads: “substantial grounds exist tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense.” In this case, the boy will not be able to assert the fact that his mom was attempting to drive drunk as an excuse or defense for launching a knife into his mother’s torso. However, the boy would be able to assert as a mitigating factor the fact that he was terrified at the prospect of his mother driving drunk and getting seriously injured and did anything he could to stop her, which, unfortunately, consisted of throwing his knife at her in a desperate attempt to prevent her from driving. Depending on how well this point is argued and the circumstances of the case, it may help the defendant receive a more lenient sentence. Defendants who feel that mitigating factors such as this one may prove beneficial to their cause should contact an experienced criminal defense attorney who can assist them in mitigating their sentence.

Source: http://www.cbc.ca/canada/manitoba/story/2010/03/28/man-aggravated-assault-teen-mother.html