What might be considered a mitigating factor in determining a lesser sentence for the offender?

The offender has no prior criminal history.

The offender has three strikes.

The correctional facility is overcrowded.

The victim was killed in the commission of the crime.

In determining a lesser sentence for the offender, a mitigating factor could be that the offender has no prior criminal history. This suggests that the crime committed is an isolated incident and not representative of a pattern of criminal behavior.