Aggravating circumstances in criminal law are circumstances that increase the criminal responsibility of the author of a crime. The direct consequence is that the penalty to be imposed is More significant than the basic penalty for that type of crime.
What Are Criminal Aggravating Circumstances?
Aggravating circumstances are the conditions that occur in the commission of a crime that increases the criminal responsibility of the act and, therefore, the penalty. In this way, a bigger criminal reproach is imputed when certain objective or subjective circumstances occur.
There are generic and specific aggravating circumstances. The generic aggravating circumstances are accidental elements since the crime would be committed anyway, while the specific ones condition the existence of a specific crime of the criminal code.
Depending on the offense and the individual accused of committing the crime, aggravating circumstances may include:
- The defendant’s prior criminal record
- The way in which the defendant committed the offense
- A lack of remorse
- The location of the offense
- The type of victim
- How the crime affected the victim
Types Of Criminal Aggravating Circumstances
Carrying A Deadly Weapon: If you have been charged with an assault crime and you were holding a gun while you made it, you have committed aggravated assault. Aggravated assault is typically a third-degree felony. Simple assault is a second-degree misdemeanor.
Injuring Someone While Committing A Felony: If you seriously hurt someone by threatening or committing a crime, you can be charged with aggravated assault.
Using A Deadly Weapon, Administering A Date Rape Drug, Or Causing Serious Bodily Harm During A Rape: These are some of the aggravating factors that merit an aggravated sexual battery charge. You can face first-degree, life, or capital felony charges for aggravated sexual battery.
Threat While Stalking A Victim: While stalking is a first-degree misdemeanor, threatening the victim constitutes aggravated stalking, a third-degree felony.
The offenses described above represent only some potential aggravated criminal charges included in the Florida statutes. Many other offenses carry the potential for increased penalties if committed in the presence of aggravating circumstances.
Being charged with a crime is not the time to put your future in the hands of a lawyer who doesn’t have the experience to protect you. Russell Spatz understands the challenges that many people face when dealing with legal issues, and he works hard to help his clients move through them, which is why he takes the time to keep you informed at all stages of your case. No one is more affected by your legal matter than you, which is why he strives to provide timely responses to your inquiries and help you participate in your case as much as you want.
To arrange a consultation with Russell Spatz, contact him at 305-442-0200.