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!