In criminal sentencing, mitigation factors can generally be argued and considered in offsetting enhancement factors and arguing for a lower sentence within a statutory range of punishment. Trial courts have discretion in considering what mitigating factors to apply, and may even consider factors not specifically listed by statute.
In the recent case of State v. Pantaleon, M2012-00575-CCA-R3-CD (Tenn.Criim.App. 4-25-2013), the Defendant at sentencing for convictions of rape of a child and aggravated sexual battery, asked the trial court to consider the statutory mitigation factor that the Defendant's conduct neither caused nor threatened serious bodily injury. The trial court declined to consider this factor in that case. The Tennessee Court of Criminal Appeals agreed with the trial court ruling.