mitigating circumstances

Legal Definition of mitigating circumstances

Noun

1. Plural form of mitigating circumstance.
2. 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.

Synonyms

• attenuating circumstance
• extenuating circumstance

Usage notes

• Usually in the plural.