3 New Mitigating Factors in Plea Bargaining for Survivors of Violence

Have you been charged or convicted with a crime, but are a survivor of violence? You may be eligible for a plea bargain or resentencing, that considers your status as a victim of violence. This violence can be psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.

What is AB 124?

AB 124 expands relief for a nonviolent crime arrest or conviction to be vacated if a person was the victim of intimate partner violence or sexual violence. The new law also allows the defense to be used when the crime in question was a serious felony or a charge of human trafficking. Additionally, the defense can now be used when the victim was coerced to commit the offense as a direct result of being a victim of intimate partner violence or sexual violence at the time of the offense and had a reasonable fear of harm. 

3 Mitigating Factors

AB 124 PC 1016.7 has 3 mitigating factors the Prosecutor must consider in plea bargaining:
(a) In the interest of justice, and in order to reach a just resolution during plea negotiations, the prosecutor shall consider during plea negotiations, among other factors, the following circumstances as factors in support of a mitigated sentence if any of the following were a contributing factor in the commission of the alleged offense:
(1) The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.
(2) The person is a youth, or was a youth at the time of the commission of the offense.
(3) Prior to the instant offense, or during the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking.
(b) A “youth” for purposes of this section includes any person under 26 years of age on the date the offense was committed.

How Can a Criminal Defense Lawyer Help?

The process can be complex, and a legal argument must be made with clear and convincing evidence that the crime was related to the defendant’s status as a victim of violence. If you have been arrested and charged with a crime, you may be eligible for a plea bargain that considers your status as a victim of violence. If you have already been convicted, you may be eligible for resentencing. If you are a survivor of violence and think AB 124 applies to your circumstance, contact us at once for your free consultation. We are committed to providing the best criminal defense for you.