What Does Aggravated Mean in Legal Terms?
In legal contexts, "aggravated" is a modifier used to classify crimes that involve extra harm or damage during the commission of a crime. The use of the term "aggravated" indicates the presence of factors that transformed a base crime into something legally more severe and punishable. The degree to which a crime can be aggravated can differ between jurisdictions. In many cases, for instance, aggravated assault may not differ greatly from the base crime of assault. The difference may lie in the specific penalties associated with the offense. Aggravated crimes are not necessarily always more serious offenses. For instance, in the field of traffic law, an aggravated DUI offense may differ from the base offense of DUI, but the penalty for aggravated DUI is often less severe than the higher charge of aggravated vehicular homicide. When a crime is designated as "aggravated," it alters the nature of the offense. In many legal systems, aggravated crimes constitute felonies. The original crime may have been a misdemeanour, but because of the aggravated circumstances surrounding the offence, the penalty can be much more severe. In most cases, the seriousness in which the crime is regarded is enhanced by the designation of a crime as aggravated. In some legal jurisdictions, such as the United States, there exist multiple degrees of severity for aggravated crimes. Where this is the case, the offense caused under aggravating circumstances may be more severe than the base crime, but can lead to lesser penalties than a more serious charge. Consider, for instance, the aggravated options in various aggravated assault crimes on the law in Texas: The term "aggravated" serves to modify any given offence , signalling that the prosecutor will seek a more severe punishment for the offense. The term does not indicate that there is a higher level of offense; rather, aggravated terms can signal assault of different degrees or magnitude. Regardless of the occurrence of intent with aggravated charges, the defendant is often culpable for the actions taken during the commission of the crime. The term "aggravated" when applied to a criminal act can encompass a wide variety of criminal behaviours. The circumstances surrounding an incident that transforms a regular action into an aggravating offence can vary widely as well. The common theme in aggravated offences is that there is an aspect of behaviour that harms not only the victim, but others outside of those immediately affected by the act. The reality is that the reasons for committing an aggravated behaviour can depend on a variety of patterns of behaviour. Many times, the reasons for an aggravated crime may be of a psychological nature. Mental disorders that lead to criminal behaviour might lead to aggravating circumstances. These occur through some underlying mental disorder that permits violence to take place. Psychological factors can also lead to the commission of violence or harm towards others. Criminal behavior may be based on emotions. Although these factors often drive the offence, their underlying nature emerges out of health issues that have yet to be diagnosed or treated. In jurisdictions where mental health drives the underlying cause for crime and allows for the commission of violence, criminal processes often begin with the commitment of offenders to rehabilitation programmes. There, therapy can take place that will help deter the behaviour from reoccurring.
Examples of Aggravated Crimes
In addition to sexual assault or aggravated sexual assault, several other criminal offenses may be classified as "aggravated" when certain circumstances are present. These include:
Assault – In order for an assault to become aggravated, the alleged offense must involve bodily injury or threat of bodily injury with the use of a deadly weapon.
Robbery – Just as with aggravated assault, robbery by its very nature is a crime that raises the level of the criminal offense if bodily injury, or threat of bodily injury, occurs.
Battery – When a battery occurs with an enhancement of serious bodily injury or the use of a deadly weapon, it then qualifies as aggravated battery.
Leaving the scene of an accident – Serious bodily injury or death of another person caused by a driver and which results in a hit and run situation, elevates the offense from a misdemeanor to a felony.
Aggravated DUI – When a DUI arrest involves one of the above situations (personal or bodily injury) or results in a fatality, it becomes aggravated is a felony. The same holds true when there have been two or more DUIs within the past seven years.
Aggravated arson – When an arson offense occurs, it may be classified as aggravated if committed with the intent to kill a firefighter or police officer who is responding to the call.
Aggravated criminal damage to property – Again, a situation that would be classified as a simple criminal damage to property offense, may become aggravated if the damage caused is "in an amount of at least $2,000 to the property of another . . . and such offense is committed with the intent to cause an interruption or impairment of public communications, transportation or water supplies."
Elements of the Law of Aggravation
The legal definition of aggravated is that a particular criminal act involved one or more specific elements beyond the basic requirements for the commission of the crime. Determining whether a crime meets these elements can be a complicated process, often involving evidence separate from the crime itself.
For example, if a person commits a theft when he broke into a car parked on a dark street, there is no additional element to the crime that would elevate the crime to an aggravated level. However, if the theft involved breaking into a safe stored inside a house in the middle of the day with the owner at home, the crime would be considered aggravated due to the danger presented by the suspect in the home.
States outline in detail the crimes whose penalties can be increased if various aggravated elements are present. A crime for which an increased penalty does apply will be called an "aggravated offense." An augmented penalty may include a longer prison sentence or an increased fine that exceeds the maximum for the less aggravated version of the same crime.
Sentencing in Aggravated Cases
The differences in penalties between aggravated crimes and their non-aggravated counterparts are not uniform across the board. For example, "aggravated assault" can suffer prison time from 1 to 5 years (up to 7 years under certain circumstances) whereas "assault with a deadly weapon" may be punished by up to 75 years in prison depending on the circumstances, such as whether it results in death, injury, or damage to property. Aggravated crimes are generally considered far more serious than their non-aggravated counterparts, which tends to explain the stiffer penalties for committing an aggravated offense.
The thought process behind stiffer punishments for aggravated offenses is relatively straightforward: the greater the crime, the greater level of punishment. In all cases, it is assumed that offenders will be punished in some way for committing a crime, but the legal system penalizes those who commit more serious crimes more severely.
The legal rationale for this may take a couple of different forms: first, under the theory of deterrence, it may be assumed that crimes will be further deterred if the punishment for committing them is harsher. As a result, the same legal authority that inscribes penalizing crimes into law also insists upon punishing more serious crimes more severely. Essentially, it is thought that punishment is correlated to crime deterrence.
Another legal theory regarding aggravations and penalties is incapacitation: it may be thought that people who commit very serious crimes are causally linked to future crimes. In this way, even if punitive measures cannot prevent crime, they can ensure that those who have demonstrated a willingness to act outside the internet are prevented from doing so again by incapacitating them temporarily via imprisonment or criminal fines.
In both cases, the underlying theory is that the legal system should facilitate preventing crime. In the case of aggravated offenses, those offenses tend to be more serious, and they may also injure or otherwise threaten vital segments of society (such as cops, the elderly, children, or innocent bystanders), which makes them a more dangerous offense and warrants harsher punishments.
Proving Aggravated Element in Court
Aggravation is typically proven on the basis of sworn testimony, and/or proof of an aggravating factor such as whether a firearm was used in the course of the offense. The burden of proof does not shift to the prosecutor in the prosecution of criminal charges. In other words, it is always the prosecutor’s burden to prove every element of the crime beyond a reasonable doubt.
The jury instructions in criminal cases contain "definition" sections, which is the case here. In this instruction, there is a definition for "aggravated," in the context of a criminal offense: "Aggravated means made worse, increased in severity or intensity, or added to by reason of circumstances attendant upon the commission of the offense." When aggravated is used in the context of a criminal offense, it refers to an increase in severity of the offense or increase in circumstances .
In this warrant of arrest, aggravated assault can potentially turn into aggravated assault by use of a deadly weapon. Aggravated battery can potentially turn into aggravated battery due to the use of a deadly weapon.
For example, in Tennessee, a person commits aggravated assault who:
• intentionally or knowingly causes serious bodily injury to another;
• intentionally or knowingly causes another with a deadly weapon; or
• intentionally or knowingly causes physical contact with another whom the person knows or has substantial certainty will regard the contact as offensive or provocative.*"
Misdemeanor offenses may be elevated to aggravated offenses, if certain circumstances apply. For example, misdemeanor assault may be elevated to aggravated assault if the offense causes serious bodily injury to a pregnant person.
Defenses in Aggravated Cases
A person charged with an aggravated crime may be facing significant prison time and other serious consequences. It is therefore critical that an aggressive defense is mounted by an experienced criminal attorney. Common defenses against aggravated offenses include the following: Proving the Lack of Intent For an offense to be an aggravated crime, there must be some sort of intent to cause harm or do something illegal. However, it is possible for a defendant to truly not have had any intention to cause harm or break a law. For example, when persons break a law, they may mistakenly think it is legal or just be confused about what the law permits and what it prohibits. In such cases, an experienced lawyer can get their charges dropped. Negating Aggravating Factors When an assault that appears serious in nature, it may not be treated as an aggravated offense at all. If a victim’s injuries are not severe, police officers may not even believe that an aggravated offense occurred. For example, if the victim suffered only superficial injuries like red marks on their skin, the police may charge a defendant with a simple assault rather than an aggravated assault.
Legal Representation for an Aggravated Offense
If you or a loved one has been charged with aggravated assault, the most important thing you can do is start looking for a skilled Houston aggravated assault attorney. Seeking the counsel of an aggressive, knowledgeable lawyer as early as possible can mean the difference between a successful defense and horrible consequences, including incarceration and/or devastating financial losses. A conviction or guilty plea can come with severe penalties. As well as a potential prison sentence, you will likely be left with a misdemeanor or felony record that can keep you from achieving crucial life goals such as pursuing education, obtaining employment, or even finding a place to live . Potential employers, landlords, and lenders all run background checks and a criminal history can keep you from gaining access to valuable opportunities. A strong criminal defense attorney will know how to build a solid case and may be able to negotiate for a reduced charge as well as potentially lowering or eliminating the penalty associated. You need the legal expertise of a qualified Houston aggravated assault attorney to increase your chances of a positive outcome. Your lawyer will work hard to ensure your protection under the law and can provide emotional support during this challenging, confusing time in your life. With a firm knowledge of the Texas legal system, your attorney will review the circumstances of your case and offer guidance as you move forward in preparing your defense.
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