Aggravating Factors

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

According to Merriam Webster’s dictionary, aggravate means “to make worse, more serious, or more severe; to intensify unpleasantly.”

Thus in criminal law, an aggravating factor is any circumstance related to the crime in question that somehow makes the crime itself worse. The phrase aggravating factor refers to any number of things including the manner in which the crime was committed, the reason or motivation behind the commission of the crime or the tool used to commit the crime.

Why are Aggravating Factors Important?

If you are convicted of a crime, any related aggravating factors could greatly increase your penalty. For example, if you receive an imprisonment sentence, you could face an increase in the number of years required to serve. Or if you face a monetary fine, the aggravating factors could increase the penalty significantly.

What are Some Examples of Aggravating Factors?

The list of what can be considered an aggravating factor is determined by statue and as such varies widely by jurisdiction. Some examples of commonly accepted factors include: prior criminal record, intent, cruelty, and treason.

I Don’t Know if There are any Aggravating Factors in my Case; Should I Contact a Lawyer?

Since this area is so specific to each individual jurisdiction, it is important to obtain a legal advisor to help you understand your case. In order to learn which factors in your particular case may be considered “aggravating” in your jurisdiction, you should speak with an attorney who is well-versed in the criminal law of your jurisdiction. They can help you decide the best strategy for presenting your case to the court and help you evaluate the merit of any plea bargains offered by the prosecution.

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