Will I Go to Jail if My Case Has Aggravating Factors?

When facing criminal charges, one the biggest fears among defendants, other than losing time away from their family and loved ones, is the potential risk of having to go to jail. As for those whose criminal case involves aggravating factors, this concern is even more pressing. Continue reading to learn what you need to know about aggravating factors, and how they might impact the outcome of your criminal case.

Indianapolis Indiana Criminal Defense 317-636-7514
Indianapolis Indiana Criminal Defense 317-636-7514

Aggravating Factors

In a criminal case, any element of truth pertaining to the details of the offense that make the offense more serious is considered an aggravating factor. Consequently, aggravating factors increase the severity and harshness of any penalties handed down for such convictions. Basically, you don’t want to be facing aggravating factors in your criminal case. Oppositely, there are elements of truth pertaining to the details of the fence called mitigating factors, which decrease the severity of the offense and therefore subsequent penalties.

An example of a criminal case involving an aggravating factor could be an assault situation. If a person intentionally touches another person in an angry, insolent, or malicious manner, and as a result, the victim suffers bodily harm, the attacker would be charged with assault, as well as an aggravating factor because of the bodily harm they caused.

This would mean that their assault charge would increase from a low level misdemeanor to a higher level misdemeanor or even a felony. Other examples of criminal case elements that would be considered aggravating factors include assault against a law enforcement officer or firefighter, assault against a minor under the age of 14 years old, and the use of a deadly weapon or firearm.

Why You Need a Criminal Defense Lawyer and Not a Public Defender

Are you facing assault charges or aggravating factors in your criminal case? If so, do not accept a free public defender. If you choose to accept the help of a public defender, you are taking a huge risk with your case. Under the counsel of a public defender, your case is very likely to be handed off to another person or group of people who are unfamiliar with the details of your case. This includes paralegals, assistants, investigators, and more.

When facing aggravating factors and serious charges, you need a skilled and experienced Indianapolis Indiana criminal defense lawyer to build you a strong and impactful case against your suspected charges. A skilled private defense lawyer can help you avoid the maximum penalties for your charges including the most feared, jail time. Not only can jail cause you to lose time with your family and loved ones, but it also forces you to miss work, which can greatly jeopardize your employment and income.

It is in your best interest to avoid jail time when facing criminal charges and aggravating factors in Indiana. Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your Indianapolis IN criminal charges. Consultations are free!

You Might Also Read:

Answers to Your Questions About Public Defenders
What You Need to Know About Aggravating Factors in a Criminal Case
Learn What Makes a Crime Violent or Non-Violent

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The Difference Between Aggravating and Mitigating Factors

Sometimes, when a person is charged with a criminal offense, their charges can include aggravating factors. Generally, the inclusion of such factors increase the seriousness of the charges, and therefore, the penalties upon conviction. Many people confuse aggravating factors with mitigating factors, which are quite the opposite. If you are facing criminal charges with certain aggravating or mitigating factors, it is vital that you understand what this means for your case, your defense, and ultimately, your rights to freedom.

Continue reading to learn the difference between aggravating factors and mitigating factors, including what to do if you are facing such criminal charges in Indiana.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Aggravating Factors

Aggravating factors are not something you want as a part of your criminal charges. Such factors are specific circumstances of a crime that intensify the severity of the offense, elevate the criminal charges, and increase the maximum penalties upon conviction. Here in Indiana, there are eleven aggravating circumstances provided by statute:

➀ The use of a weapon;
➁ Significant harm, injury, loss, or damage to victim;
➂ Victim of crime is less than 12 years old;
➃ Victim of crime is a senior citizen (65 years old+)
➄ Offender has delinquent or criminal history;
➅ Crime is committed in the presence or vicinity of a minor less than 18 years old;
➆ Crime violates a protection order;
➇ Crime violates probation, parole, pretrial release, etc.;
➈ Offender knew the victim of the crime was disabled;
➉ Offender had active custody or control of the victim;
⑪ Employee of a penal facility commits inmate trafficking.

Mitigating Factors

If there are mitigating factors involved in your criminal charges, you can feel a slight sense of relief. Mitigating factors are certain circumstances of a criminal offense that might influence a court to be less strict when it comes to judgement and sentencing. There are several examples of mitigating factors, some of which might include the following:

▷ Offender was strongly provoked;
▷ Substantial cause to excuse or justify the crime exist;
▷ Offender has no delinquent or criminal history;
▷ Crime was the result of conditions that are unlikely to happen again;
▷ Victim of crime encouraged or aided the offense;
▷ No bodily harm not threat of harm resulted;
▷ Offender did not know the crime would cause nor threaten serious harm;
▷ Offender is a good candidate for probation or short term jail time;
▷ Offender’s character demonstrate they are not likely to commit the crime again;
▷ Offender makes restitution to victim;
▷ Imprisonment would cause hardship to offender and their dependents;
▷ Victim is habitually abusive to offender;

Important Note:

Although the court usually compares and considers the number of aggravating factors versus mitigating factors when reaching a sentencing decision. But keep in mind that courts are explicitly allowed to enforce any sentence that is authorized by the Indiana constitution, as well as these statutes, regardless of any of the above-mentioned factors. Always consult with a licensed and experienced Indianapolis criminal defense attorney who can educate you on your case and the best course of action for defense.

Where to Get Started on Your Criminal Defense

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

What You Need to Know About Aggravating Factors in a Criminal Case

As a person facing criminal charges, it is in your best interest to learn as much as you can about what to expect from the criminal justice process. This is especially important for those facing criminal charges that involve aggravating factors. Continue reading to learn more about aggravating factors, including what you need to do to protect your rights and preserve your freedoms after being charged with a crime in Indiana.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Aggravating Factors

U.S Legal.com defines aggravating factors as, “(…) relevant facts and circumstances that increase the severity or culpability of a criminal act.” In plainest terms, aggravating factors are any facts, conditions, or evidence that increase the severity of penalties or liability for a crime. Aggravating factors will render the harshest penalties for a crime, so long as they can be adequately supported by evidence in court.

A prime example of a crime that involves aggravating factors is a case of battery. For instance, if Bill touches another person in a rude, insolent, or angry manner, he commits the crime of battery and can be charged with a Class B Misdemeanor. However, if Bill commits this same crime, and the victim suffers bodily injury, his crime can be elevated to a Class A Misdemeanor, which comes with harsher penalties, including more jail time. If Bill were to continue to make the circumstances of the crime worse, the same exponential penalty schedule applies.

Hire a Defense Lawyer Immediately

If your criminal charges include aggravating factors, then the law may deem your crime more severe. You will need a hard-hitting Indiana criminal defense attorney who can build you a strong and impactful defense to spare you from the maximum penalties for your charges. Without a skilled and seasoned criminal defense lawyer on your side, you will put yourself at risk of long-term jail time, hefty fines, hours of community service, drug or alcohol classes, and much more.

Indiana Criminal Defense That Doesn’t Back Down

To best protect your rights and preserve your freedoms, you must have a seasoned and aggressive Indianapolis criminal defense lawyer on your side, building you an impactful and strong case so that you can avoid the maximum penalties for your criminal charges. Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation with a licensed Indiana criminal defense lawyer you can trust.