Aggravating factors refer to circumstances that can increase the severity or potential punishment for a crime. These include the use or presence of a weapon or multiple victims or vulnerability of the victim (such if they are a child or an elderly).
Judges often consider aggravating factors in criminal cases when deciding the sentence for a defendant. To pursue more severe charges and longer sentences, the prosecutor can use aggravating elements.
A criminal case in Orlando can be aggravated by many factors. These factors may increase the severity and punishments for a person convicted of a crime. These are some of the most common aggravating factors:
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Previous criminal history: Someone with a history of previous convictions will be subject to harsher penalties than someone who has no criminal record. The court might view the defendant as a repeat offenders and a greater risk to the community.
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A weapon used in a crime: This can make the charges more severe. A person who robs convenience stores with a gun will face more severe penalties than someone who does not have a weapon.
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The injury or harm caused to others: A person who causes injury or harm to another person during the commission or commission of a crime can raise the severity of the charges. A person who inflicts serious injury on another person is more likely than one who pushes or shoves them.
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Property damage: A person who causes substantial property damage while committing a crime can raise the severity of their charges. A person who sets fire and causes damage to property is more likely than one who sprays graffiti on a wall.
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The victim’s vulnerability: A crime that leaves the victim particularly vulnerable can lead to a rise in the severity of the charges. A person who attacks an elderly adult or child will face more severe penalties than someone who attacks an adult.
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The crime’s location: A crime committed at a sacred or protected location can lead to more severe charges. A person who vandalsizes a religious place is more likely than one who vandalsizes a commercial building.
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Use of a disguise: A person who attempts to hide their identity or uses a disguise during a crime can be charged with more severe charges. A disguise can be used to hide the identity of the accused and avoid detection.
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A hate crime: The severity of charges can be increased if a crime is motivated from prejudice or hatred towards a group. A person who attacks another person because of their race, sexual orientation, or other factors is more likely than someone who attacks them for no reason.
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Premeditation and planning of the crime: This can raise the severity of charges. A court might view the defendant as more dangerous and calculated.
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A person can be charged with more severe crimes if they abuse their authority or trust position. A police officer who uses his badge to commit the same crime will face more severe penalties than a civilian.
These are only a few examples of aggravating circumstances that could impact a criminal case against Orlando, Florida. Every case is different and will be treated as such.
An Orlando, FL Criminal Defense Attorney can help with aggravating factors
An Orlando criminal defense lawyer can assist with aggravating circumstances in a variety of ways.
Understanding Aggravating Factors
An Orlando defense attorney will first be able to identify what constitutes an aggravating circumstance in a criminal case. An Orlando attorney who is familiar with the law will be able identify aggravating factors in a case and inform the defendant how they could impact the outcome.
How to create a defense strategy
An experienced attorney can also help to craft a defense strategy that considers all aggravating factors. This could include challenging the evidence of the prosecution or finding ways to reduce the impact of the aggravating elements.
The defense attorney might argue that the weapon wasn’t used in a manner that increased the severity or the crime.
Negotiation of a Plea Deal
An experienced attorney might be able negotiate a plea deal on behalf of the defendant, which takes into consideration the aggravating circumstances. A plea bargain is a settlement between the prosecution or defense that allows the defendant to plead guilty to a lesser charge or to a shorter sentence in return for the prosecution dropping any other charges or agreeing with a lighter sentence.
A skilled attorney in negotiation might be able negotiate a plea deal that takes into account the existence of aggravating circumstances. This could lead to a more favorable outcome.