Many crimes have different penalties depending on whether or not the crime is considered to be "aggravated." For example, an individual can be charged with sexual assault, or with aggravated sexual assault. An individual can also be charged with robbery or aggravated robbery. What makes a crime "aggravated" and why can this heighten the penalties affiliated with a particular crime?
First of all, aggravated offenses typically involve violence or the presence of a weapon. When a crime is aggravated, it may mean that the defendant wielded a gun, or attacked the victim with a knife. The presence of a deadly weapon is widely interpreted. A bank robber who has a gun can be guilty of aggravated robbery, as well as an individual that has a baseball bat that he or she is using ti inflict harm on others. A knife, a pipe, a power saw, or a cooking utensil can all be considered deadly weapons if they are being used to inflict harm or intimidate victims into submission.
The prosecution is not at liberty to charge any individual with aggravated crime. Specific qualifications must be true concerning the crime in order to make it "aggravated." These qualifications are listed in the state and federal criminal law codes and must be evaluated. Some states interpret the "aggravating" form of a crime to be different than in other states. This means that depending on which state you are currently living in you may be evaluated under a different standard.
In most states, aggravated crimes involve the presence of a weapon, the threat of violence, violence using a weapon or force, or bodily harm. For example, in an aggravated assault, the defendant may have pulled out a gun and forced a victim to submit to rape while his or her life was at risk. Aggravated assault can also include inflicting violence on a victim during a sexual assault. For example, if the assaulter slammed his victim's head against a wall, this could be considered aggravated sexual assault.
In aggravated murder cases, the factors that are mentioned above do not always apply. Instead, aggravated murder charges are contingent on location and situation of the murder. For example, in some states if an inmate murders another inmate in prison, this can be considered aggravated murder. Most aggravated crimes tend to have higher penalties attached to them, even moving a case from a third degree felony to a first degree felony. Aggravated charges can results in decades of extra prison time.
In addition to the factors listed so far, in some states aggravated charges are placed on crimes that involve particularly vulnerable victims. For example, in the state of Texas if a man or woman sexual assaults a child, this is considered aggravated assault. The child must be under the age of 14 for this to qualify. As well, sexual assault of an elderly individual is considered to be aggravated assault. Also, assault of a teacher on a student, or assault of a priest or religious official on a congregant are considered to be aggravated assault because the defendant is preying on an individual's vulnerability.
In some cases, aggravated charges also have to do with the purpose and intention of the crime. For example, in California individuals can be charged with battery, which is willfully and lawfully using an act of force or violence upon the person of another. Aggravated battery is willfully and unlawfully using an act of violence upon the person of another that did or was likely to cause great bodily harm.
This means that if a person punched another and it only inflicted minor damage, that individual may be charged with battery. If the person intended to violently hurt or kill that person and beat him or her repeatedly, then this could be considered aggravated battery. If you want more information about aggravated crimes, or if you have been arrested for an aggravated crime and need assistance don't hesitate to call an attorney at the firm today!
