What are aggravating factors? If you were recently arrested in Indiana, and your criminal charges involve aggravating factors, you need to read this. Continue below to learn what you want to know about your aggravating factors, including what they mean, how they can impact your ultimate judgement, and how you can build a strong and impactful defense against them.

Aggravating Factors

Aggravating factors are specific facts and elements involved in your alleged offense that can make your criminal charge more serious. Ultimately, if the judge or jury finds that your criminal charges do in fact involve aggravating factors, your sentence and subsequent penalties will be harsher than if your case did not involve aggravating factors. Here’s an example: Jeff was arrested for selling drugs. The location in which he was caught by law enforcement trafficking illegal drugs was within 50 yards of an elementary school. Because his offense took place within close proximity to the school, this element would be considered an aggravating factor.

In another example, if a person were to commit the crime of assault and battery against a person, Indiana statutes would penalize them with a Class B misdemeanor. However, if their offense caused the opposing party bodily harm, it would be considered an aggravating factor to the case, and their criminal charges would be increased to a Class A misdemeanor. In the same example, if the offender used a weapon against the victim, such as a baseball bat or even a beer bottle, it would be considered another aggravating factor, so the criminal charges would be increased to a Class C felony.

Mitigating Factors

Do not confuse aggravating factors with mitigating factors. Mitigating factors, also known as extenuating circumstances, are the opposite of aggravating factors because instead of increasing the severity of the charge, they reduce it or suggest the opportunity for leniency. For example, if a person is arrested shoplifting at a store to satisfy a substance abuse addiction, their criminal charges might be reduced if they agree to alternative forms of sentencing such as drug rehabilitation. This element would be considered a mitigating factor to their case.

Are you facing aggravating factors in your current or pending criminal case? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal defense lawyer who cares about your freedoms.

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