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Facts About Aggravating Factors in a Criminal Case

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Facing criminal charges is a confusing matter to experience. When aggravated factors are involved, it can be more challenging for a defendant to understand what’s at stake in terms of their rights and future freedoms. If you are concerned about defending aggravating factors in a criminal case, continue below to learn the right facts you need to know.

Indiana Criminal Defense Representation 317-636-7514
Indiana Criminal Defense Representation 317-636-7514

Aggravating Factors Make Criminal Charges Worse

Have you ever heard the phrases, “the straw that broke the camel’s back” or “the icing on the cake” before? Aggravating factors are certain details about a criminal act that make the crime more serious and the penalties much harsher. For instance, if a person is caught selling drugs out of their home, they would face certain charges and penalties. However, if that person is caught selling drugs near or on school grounds, they would face even higher charges and penalties since being at or within 500 feet of a school is an aggravating factor to the crime.

Common Types of Aggravating Factors

There are many types of aggravating factors, and a person can face multiple ones in their criminal case. Aggravating factors can enhance a criminal charge by many levels. They can bump a Class A misdemeanor to Level 6 Felony, or even a Level 5 felony. They can also bump low level misdemeanors to higher level misdemeanors. For instance, if a person with no prior criminal record gets busted for a DUI, they would face lighter charges and penalties compared to a person with no prior criminal record who gets busted for a DUI but also causes a car accident that results in bodily harm to a passenger or a driver.

Examples of Aggravating Factors:

► Assault on a police officer or firefighter
► Crimes involving minors
► Crimes committed on or nearby schools or government buildings
► Use of a deadly weapon
► Causing bodily harm
► Egregious recklessness or disregard
► Battery causing death

Mitigating Factors Versus Aggravating Factors

Aggravating factors are opposite of mitigating factors, which are factors that can lessen the severity of a crime. For instance, if a person is caught in possession of a non-prescribed prescription narcotic, such as opioids or barbiturates, they would face a particular set of charges and penalties. However, if that person has no prior criminal record and is a good standing citizen within the community, such characteristics could be deemed as mitigating factors in their case, and therefore lessen their charge and penalties.

Are you currently facing criminal charges with aggravating factors in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your probation violation.

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

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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!

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Answers to Your Questions About Public Defenders
What You Need to Know About Aggravating Factors in a Criminal Case
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Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Does Your Indiana Criminal Defense Case Involve Aggravating Factors?

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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.

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

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

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

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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.