A downward departure is when someone is sentenced to less than what they score on criminal punishment code scoresheet. The Mitigating Circumstances that the Judge and/or State can consider for a downward departure are as follows:
- Legitimate, uncoerced plea bargain.
- Defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.
- The capacity of the defendant to appreciate the criminal nature of the conduct or to conform to that conduct to the requirements of law was substantially impaired.
- Defendant requires specialized treatment for addiction, mental disorder, or physical disability and the defendant is amenable to treatment.
- The need for payment of restitution to the victim outweighs the need for a prison sentence.
- The victim was an initiator, willing participant, aggressor, or provoker of the incident.
- The defendant acted under extreme duress or under domination of another person.
- Before the identity of the defendant was determined, the victim was substantially compensated.
- Defendant cooperated with the State to resolve the current offense or any other offense.
- The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.
- At the time of the offense, the Defendant was too young to appreciate the consequences of the offense.
- Defendant to be sentenced as a youthful offender (defendant less than 21 years old at the time of sentencing).
Understand, if one or more of these mitigating circumstances may be applicable, the Judge can give a downward departure sentence, it does not automatically mean the Judge will do so. If the State does not agree to a downward departure; it is then within sole discretion of the Court to determine whether or not to give a downward departure sentence.
