Definition of Aggravated
The term "aggravated" is commonly used in criminal law, frequently in the charge of aggravated assault. While the charge has become colloquialized into what many people think of as a fight, it is more than that. It is the more serious of two very similar charges of assault. In Pennsylvania, there are two types of assault, simple assault and aggravated assault. Both of these charges have very similar elements; however, aggravated assault requires at least some intent to cause bodily injury to another or substantial physical pain.
Aggravated assault is most commonly associated with serious bodily injury, and with those who are either officers of the law, or dispatchers and telecommunications officers. However, aggravated assault is defined in the plain language of the law as follows:
A. A person is guilty of aggravated assault if he or she:
- (1) Attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life.
- (2) Attempts to cause or intentionally or knowingly causes serious bodily injury to another which does not result.
- (3) Recklessly causes serious bodily injury to another with extreme indifference to the value of human life.
- (4) Negligently causes serious bodily injury to another by the use of a deadly weapon.
- (5) Attempts to cause or knowingly causes bodily injury to an officer , employee, former employee or volunteer of any government agency, including, but not limited to, members of a Pennsylvania institution, by offering to cause or intentionally or knowingly causes bodily injury to such persons and such conduct occurs in the performance of duty.
- (6) (Reserved).
- (7) Causing or attempting to cause an officer, employee, former employee or volunteer of any government agency, including, but not limited to, members of a Pennsylvania institution, to come into contact with blood, seminal fluid, urine or feces from the person, by throwing, ejecting or expelling the same from his or her body, or by any other means, in the course of a confrontation, struggle or fight.
In common usage, aggravated assault is frequently thought about as being a step above a fistfight or an accidental hitting of with a stick or other object in an argument, but it is much more than that. Under the terms of aggravated assault, a fight that was intended to cause serious bodily injury can easily turn into aggravated assault. Further, an argument that gets out of hand and accidentally causes someone’s injury can also be aggravated assault under certain circumstances:
Crimes Commonly Labelled “Aggravated”
Crimes that are typically preceded by aggravated include: aggravated assault, aggravated battery, aggravated sexual assault, aggravated burglary, aggravated robbery, aggravated arson, aggravated child abuse, aggravated manslaughter and aggravated fraud.
For most of these crimes being committed in an ‘aggravated manner’ is an element of the crime. A few examples:
An aggravated assault is an assault or attempted assault that was intended to cause serious bodily damage to another person. This can include an assault using a deadly weapon. Aggravated assault can also be charged if a defendant caused or intended to cause significant bodily damage or impairment to the crime victim. A person charged with aggravated assault who uses a deadly weapon or attempted to use a deadly weapon, may face maximum 15 years in prison – even if the aggravated assault never actually harmed anyone.
Aggravated battery occurs when an intentional act inflicts serious bodily harm, permanent disability or disfigurement, or great bodily harm or permanent disability or disfigurement upon another person. It is typically charged when a victim is injured intentionally, without legal cause or excuse, whether the injury is caused by an act, device, or otherwise.
Aggravated sexual assault occurs when the crime of sexual assault includes one of the following: victim was under age of 12; suspect committed assault by strangulation or suffocation; suspect committed an assault, and deliberately caused serious bodily injury; suspect commits assault with intent to carry out one of the following: death or serious bodily injury; to perpetrate a violent sexual offense; to engage a parent or guardian in sexual relations with the victim by threat of force; or to commit sexual offense by revealing the location of a victim held captive and concealed from public view.
Aggravated burglary is charged when you commit burglary after entering a structure with the intent to commit a crime in that structure. The crime takes place with an aggravating factor. Aggravated factors are:
There are three different categories of aggravated burglary: in the first category, a deadly weapon is used by an accomplice; in the second category, a deadly weapon is used or brandished by the burglar; and in the third category, a burglary occurs in which the burglar has knowledge that someone in the burglary was armed with a deadly weapon.
Aggravated robbery is charged when a robbery is committed with the use of a deadly weapon. The robbery can be perpetrated using a blunt object (such as a bat) or the use of a gun, knife or other potential deadly weapon. This crime can result in a 15-year prison sentence.
Aggravated arson is charged when you commit arson with the intent to injure or kill another person.
Aggravated child abuse is charged when a parent, legal guardian or caregiver intentionally causes or permits a child under the age of 18 years to suffer great bodily harm independently of a course of conduct intended to cause injury or abuse. It can also include charges of false imprisonment, certain cases of neglect, or an intentional act that could reasonably be expected to result in serious physical or mental injury or death.
Aggravated manslaughter is charged when you have committed the crime of manslaughter in a way that has an aggravating specific factor. These factors are:
Aggravated fraud occurs in the following situations:
It is also considered aggravated fraud if it involves the following:
In all of these cases usually, the ‘aggravated’ nature of the crime is denoted by a higher grading or degree of the crime. In the cases of aggravated assault, child abuse and manslaughter even the highest degree sentences often entail the life or carceral equivalent of long sentences.
What Leads to an Aggravated Offence
In broad terms, many "aggravated" criminal charges are ones where the perpetrator harmed one or more people, and where that harm involved a weapon or caused lasting, permanent damage. A common example is aggravated assault, where the perpetrator attacks another person – as with basic assault – but does so with a deadly weapon, or attacks a vulnerable victim or group, such as children or the elderly.
Not only can the use of certain weapons directly lead to "aggravated" phrasing of the charge, but demonstrating the potential for "increase in severity" is also a key. For example, if a baseball bat is used to hit someone over the head, that’s still aggravated assault. If the assaulter uses a knife to stab at someone, you’d expect aggravated assault. But in either case, an accroachment into the victim’s personal space (e.g., standing too close to them without consent) could also be an "aggravating factor," meaning that it isn’t simply the weapon that qualifies the assault as "aggravated," but also the intent.
Another common use of the term "aggravated" occurs in aggravated vehicular homicide. This is generally when a person has killed other people by trying to avoid arrest (i.e., driving while intoxicated), or by ignoring traffic laws and driving at excessively dangerous speeds. Again, there are a number of ways that a standard vehicular homicide might be "aggravated." If the driver is drunk and regularly crosses the double line in the center of the road, the charge is almost certain to be aggravated vehicular homicide.
Legal Repercussions of “Aggravated” Offences
If a judge finds that a crime is aggravated, there are different legal consequences than if a judge finds that a crime was a standard offense. The aggravating factors that determine whether or not an offense is aggravated vary according to the type of crime; these factors are detailed in the statutes governing those specific crimes.
In many instances, the difference between aggravated and standard offenses is the minimum and maximum punishments for the crimes with which the defendant is charged. For instance, if a defendant is convicted of assault in the fourth degree, the charge is a misdemeanor. However, if that assault was aggravated because it involved the use or threatened use of a deadly weapon, the charge is a felony . Thus, if the charge is made as a standard assault, the minimum punishment is one year in jail, whereas the minimum punishment for aggravated assault in the fourth degree is five years in jail.
Convictions for aggravated crimes are also felonies, meaning that the defendant’s record may be surcharged, and the defendant may lose his or her "good time." Good time is a reward given to inmates who do not engage in behavior that disrupts prison operations. Surcharging a criminal record may have important immigration consequences for certain immigrant aliens. Immigration statutes dictate which – if any – crimes will disqualify aliens from lawful permanent resident position or naturalization. In other words, if an immigrant alien has been canned with an aggravated offense, his or her immigration status may be jeopardized.
Defending Against “Aggravated” Offences
When an individual is accused of an "aggravated" offense, it can be a terrifying ordeal. Many people are not prepared to address the fact that they are facing more severe allegations and accusations which may lead to harsher penalties and possible imprisonment. Therefore, the defendant needs to understand the circumstances and law relating to the "aggravated" charge. There are a number of defenses that can be raised when faced with aggravated charges, including the following: Consent. In many cases consent can be identified as a viable defense allowing the accused to avoid a conviction. It is important to know court decisions have held that consent is not a proper defense in felonious assault charges which are meant to protect the victim’s right to be free from improper interference. Consent is not a valid defense for aggravated assault charges unless it is articulated as an element of the defense such as when a defendant acts as a known sexually communicable disease carrier. A person who has a sexually communicable disease is emitted to engage in sexual activity only if the partner agrees to accept the risk of contracting the disease. Insanity. A defendant may not be held criminally responsible for such an aggravated offense. A jury must find insanity by a preponderance of evidence in order to acquit the defendant. Involuntary intoxication. Evidence of prior lapses of memory or blackouts resulting from intoxication are usually considered statements or admissions of guilt and generally do not constitute evidence supportive of a drunken state as a defense. Involuntary intoxication, unlike voluntary intoxication, is a complete defense to a criminal charge if the defendant did not voluntarily choose to become intoxicated. Incompetency. A defendant cannot be tried or found guilty because he is not capable of pleading or standing on trial. Capable means that the defendant possesses sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and of rational understanding to understand the proceedings on trial. The defendant must also have a reasonable ability to assist in his or her defense. Self-Defense. The defendant may defend himself against an aggravated assault upon himself. The degree and character of force used in self-defense may not be excessive or grossly disproportionate to the benefits sought. A necessity defense based upon the defense of others is available. Self-Defense Against an Aggravated Assault in the Workplace An employer is liable for personal injury caused by an employee where it is determined by the jury that the conduct was within the scope of employment and the employer knew or should have known of the risk of exposure to the conduct and failed to take reasonable steps to prevent it. In cases where the premises owner or employer has deemed a property a gun-free zone by providing guns-free signs or otherwise informing employees that firearms will not be permitted in the workplace, the employee may not use deadly force even in the case of self-defense.
Examples of “Aggravated” Offences
To illustrate how the term "aggravated" is used in legal statutes, let’s look at some real-world examples throughout Florida.
Theft
An example of theft that is deemed aggravated could include an armed robbery where a group of people have robbed a store with deadly weapons, thereby making the crime say for example "armed robbery with a deadly weapon." A successful prosecution in such a theft case would usually lead to a conviction for armed robbery with a deadly weapon, which is a first-degree felony, as opposed to a conviction for robbery without a weapon. A first-degree felony carries significant penalties including life imprisonment. However, minimum prison terms are a no-go for first-degree felonies. Moreover, aggravated robbery under state law is subject to maximum fines of up to $15,000.
Assault and Battery
According to the laws of assault in Florida, aggravated assault is an intentional act that makes another individual fear or feel some kind of attack (or threat of attack) against them with a deadly weapon. Also, aggravated assault on great bodily injury of a person is their threat or attempt to cause harm or fear of attack by threatening someone with a deadly weapon (like a knife), where the conduct showed an intent to commit a felony or that the intended victim had reason to believe that the assaulter planned to carry through with that threat.
Aggravated assault is charged as a third-degree felony in Florida , meaning it is punishable by up to five years in a state prison. However, it is a second-degree felony if the assault is committed against an elderly person or a person with a disability, causing it to be punishable by up to 15 years in a state prison.
Battery is an intentional act where someone strikes another person and thereby causes physical pain to the victim. It is charged as a second-degree misdemeanor, meaning it is punishable by up to six months in jail or 60 days of community service and a fine up to $500.
On the other hand, aggravated battery is an intentional act that inflicts a cruel beating upon someone, causing either serious injury or permanent disability of the victim. Aggravated battery is simply battery that is committed with the intent to cause great bodily harm or where the victim is pregnant. Aggravated battery is a second-degree felony, punishable by up to 15 years in state prison.
Burglary
Like aggravated assault and aggravated battery, aggravated burglary is a third-degree felony and is purportedly a crime that is intended to cause great bodily injury to another person. The aggravated in aggravated burglary refers to any burglary of an unoccupied dwelling or structure where another person suffered serious injury.
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