An aggravating factor is any factor or circumstance that can elevate the charge or enhance punishment for a given criminal offense. When a crime is committed with specific aggravating factors present, the offender can receive a higher criminal charge or harsher sentencing than they would have received otherwise.
Aggravating factors can result in misdemeanor crimes being charged as felonies. If you are currently facing charges for a crime with aggravating factors, you need to speak with a Phoenix criminal defense lawyer about your options.
How Does Arizona Law Define Aggravating Factors in Criminal Cases?
Aggravating factors or circumstances are additional facts surrounding a crime that justify imposing a higher charge or harsher punishment on the offender. Aggravating factors are thought to increase the offender’s culpability for an offense and can change how a crime is charged and what punishment is served.
Aggravating factors in criminal cases allow courts to punish offenders beyond the standard, presumptive ranges as defined in criminal statutes. Prosecutors must prove aggravating circumstances beyond a reasonable doubt, just as they must prove the basic elements of the crime.
However, once one aggravating circumstance is proven, further ones only require a preponderance of evidence.
Common Aggravating Factors in Arizona
Most aggravating factors relate to the consequences of the crime, the offender’s mental state during the crime, or the victim’s identity. Statutory aggravating factors are defined in ARS 13-701 and include the following:
- Inflicting serious injury on another
- Using a deadly weapon in the commission of a crime
- Having an accomplice
- Displaying heinous or cruel conduct
- Committing an offense for monetary gain
- Having a prior felony conviction within 10 years
- Committing an offense against a victim over the age of 65
- Driving a vehicle with a BAC level greater than 0.15%
- Impersonating a police officer
In addition to the above, judges can consider any other aggravating factor they believe is relevant to the specific case at hand. When one of these aggravating factors is present, the offender may be charged with a higher-level offense or receive extra punishment in addition to statutorily defined penalties.
Examples of Aggravating Factors in Arizona: Aggravated Assault
An example of aggravating circumstances leading to higher criminal charges is aggravated assault. Simple assault in Arizona is defined as intentionally causing injury to someone or making physical contact with the intent to injure. Simple assault is usually charged as a misdemeanor offense and carries a maximum of six months in a state jail.
However, aggravating circumstances can result in the offender being charged with felony aggravated assault. For example, assault causing serious bodily injury can be charged as a Class 3 felony, which can carry a minimum of two years in a state prison.
In this case, the presence of the aggravating factor results in a more severe criminal charge. A viable legal strategy could be to plead guilty to a lower-level criminal charge to avoid the higher penalties associated with aggravating factors.
Why Aggravating Factors Matter
In criminal cases, aggravating factors can turn what might normally be a minor offense into a major crime. They can result in a misdemeanor crime being charged as a felony, complete with additional jail time and fines. Given their severity, a viable strategy could be arguing against aggravating factors to avoid a higher-level conviction in favor of a lower-level one.
That is why you need to work with a lawyer if you are facing aggravated charges. A lawyer can investigate your case and gather evidence to argue against both the charge and the accusations of aggravating circumstances. Without a lawyer on your side, you run the risk of receiving the maximum penalty.
Aggravating vs. Mitigating Factors
Aggravating factors are circumstances that justify harsher charges and penalties. Mitigating factors, in contrast, are circumstances that justify lower charges and less severe penalties. When determining sentencing, judges can account for mitigating factors to reduce the punishment.
Below are possible mitigating factors that could affect how a crime is charged or sentenced:
- The defendant’s age and prior criminal history
- The presence of remorse and contrition for the act
- Whether the offender was under duress
- Degree of offender’s participation in the crime
- The offender’s compliance with law enforcement and investigations
- Conduct immediately after the crime
Mitigating factors don’t “cancel out” aggravating factors, but are just one consideration judges make when determining sentencing.
Contact a Phoenix Criminal Defense Lawyer Today
The presence of aggravating factors can make a huge difference in your criminal case and result in significantly harsher penalties. If you are currently facing aggravated criminal charges, building your legal strategy should be your priority.
If you have any more questions about aggravating factors in criminal cases, contact Suzuki Law Offices to speak to a Phoenix criminal defense lawyer. Time is of the essence in criminal cases, so don’t delay in reaching out to us. You need Suzuki.
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