Mitigating Circumstances Definition:

Facts that, while not negating a wrongful action, tend to show that the defendant may have had some grounds for acting the way he/she did.

These are facts that, while not negating an offence or wrongful action, tend to show that the defendant may have had some grounds for acting the way he/she did.

For example, assault, though provoked, is still assault but provocation may constitute mitigating circumstances and allow for a lesser sentence.

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