{"id":1321,"date":"2019-08-05T15:38:16","date_gmt":"2019-08-05T15:38:16","guid":{"rendered":"https:\/\/www.delewislaw.com\/blog\/?p=1321"},"modified":"2019-08-05T15:38:16","modified_gmt":"2019-08-05T15:38:16","slug":"the-difference-between-aggravating-and-mitigating-factors","status":"publish","type":"post","link":"https:\/\/www.delewislaw.com\/blog\/the-difference-between-aggravating-and-mitigating-factors\/","title":{"rendered":"The Difference Between Aggravating and Mitigating Factors"},"content":{"rendered":"\n

Sometimes, when a person is charged with a criminal offense,\ntheir charges can include aggravating factors. Generally, the inclusion of such\nfactors increase the seriousness of the charges, and therefore, the penalties\nupon conviction. Many people confuse aggravating factors with mitigating<\/em> factors, which are quite the opposite.\nIf you are facing criminal charges with certain aggravating or mitigating\nfactors, it is vital that you understand what this means for your case, your\ndefense, and ultimately, your rights to freedom.<\/p>\n\n\n\n

Continue reading to learn the difference between aggravating\nfactors and mitigating factors, including what to do if you are facing such\ncriminal charges in Indiana.<\/h2>\n\n\n\n
\"Criminal
Criminal Defense Law Firm 317-636-7514<\/figcaption><\/figure>\n\n\n\n

Aggravating Factors<\/h1>\n\n\n\n

Aggravating factors are not something you want as a part of\nyour criminal charges. Such factors are specific circumstances of a crime that intensify\nthe severity of the offense, elevate the criminal charges, and increase the maximum\npenalties upon conviction. Here in Indiana, there are eleven aggravating\ncircumstances provided by statute: <\/p>\n\n\n\n

\u2780 The use of a weapon;
\u2781 Significant harm, injury, loss, or damage to victim;
\u2782 Victim of crime is less than 12 years old;
\u2783 Victim of crime is a senior citizen (65 years old+)
\u2784 Offender has delinquent or criminal history;
\u2785 Crime is committed in the presence or vicinity of a minor less than 18 years old;
\u2786 Crime violates a protection order;
\u2787 Crime violates probation, parole, pretrial release, etc.;
\u2788 Offender knew the victim of the crime was disabled;
\u2789 Offender had active custody or control of the victim;
\u246a Employee of a penal facility commits inmate trafficking.<\/p>\n\n\n\n

Mitigating Factors <\/h1>\n\n\n\n

If there are mitigating factors involved in your criminal charges,\nyou can feel a slight sense of relief. Mitigating factors are certain\ncircumstances of a criminal offense that might influence a court to be less strict\nwhen it comes to judgement and sentencing. There are several examples of mitigating\nfactors, some of which might include the following:<\/p>\n\n\n\n

\u25b7 Offender was strongly provoked;
\u25b7 Substantial cause to excuse or justify the crime exist;
\u25b7 Offender has no delinquent or criminal history;
\u25b7 Crime was the result of conditions that are unlikely to happen again;
\u25b7 Victim of crime encouraged or aided the offense;
\u25b7 No bodily harm not threat of harm resulted;
\u25b7 Offender did not know the crime would cause nor threaten serious harm;
\u25b7 Offender is a good candidate for probation or short term jail time;
\u25b7 Offender\u2019s character demonstrate they are not likely to commit the crime again;
\u25b7 Offender makes restitution to victim;
\u25b7 Imprisonment would cause hardship to offender and their dependents;
\u25b7 Victim is habitually abusive to offender;<\/p>\n\n\n\n

Important Note: <\/h1>\n\n\n\n

Although the court usually compares and considers the number\nof aggravating factors versus mitigating factors when reaching a sentencing\ndecision. But keep in mind that courts are explicitly allowed to enforce any\nsentence that is authorized by the Indiana constitution, as well as these statutes,\nregardless of any of the above-mentioned factors. Always consult with a\nlicensed and experienced Indianapolis criminal defense attorney who can educate\nyou on your case and the best course of action for defense.<\/p>\n\n\n\n

Where to Get Started on Your Criminal Defense<\/strong><\/h2>\n\n\n\n

Call the Law Office of David E. Lewis at 317-636-7514<\/strong> to schedule a free initial consultation with aggressive Indiana criminal defense attorney<\/a> 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.<\/p>\n\n\n\n

\"Indianapolis
Schedule a Free Consultation Today!<\/figcaption><\/figure>\n","protected":false},"excerpt":{"rendered":"

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 … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":1322,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,1,94,61,293,11],"tags":[731,7,6,793,795,794],"class_list":["post-1321","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-criminal-defense","category-criminal-law","category-felony-charges","category-misdemeanor-charges","category-probation-and-parole","category-violent-crime-charges","tag-aggravating-factors-indiana","tag-criminal-defense-attorney-indianapolis","tag-criminal-defense-lawyer-indianapolis","tag-examples-aggravating-factors","tag-mitigating-factors-examples","tag-mitigating-factors-indiana"],"_links":{"self":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1321","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/comments?post=1321"}],"version-history":[{"count":1,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1321\/revisions"}],"predecessor-version":[{"id":1323,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1321\/revisions\/1323"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media\/1322"}],"wp:attachment":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media?parent=1321"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/categories?post=1321"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/tags?post=1321"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}