In law aggravating circumstances are factors that increases the severity or culpability of a criminal act.
Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal.
Aggravating factors often include the intention of the offender, the extent of criminal planning involved, abuse of a position of authority, offense was carried out in conjunction with an organized criminal group, the extent of physical or economic harm to the victim, the status of the victim (e.g., a child, disabled.
Moreover, there are four kinds of aggravating circumstances, namely: (1) generic or those that can generally apply to all crimes; (2) specific or those that apply only to particular crimes; (3) qualifying or those that change the nature of the crime.
Aggravating Factors are evidence or information that increases the crime's severity, such as a prior criminal record or association with a criminal gang.
Aggravating Factors can result in a more severe sentence.
AGGRAVATING CIRCUMSTANCES Shows greater perversity of the offender, hence they have the effect of increasing the penalty. 4 KINDS OF AGGRAVATING CIRCUMSTANCES: 1. Generic aggravating 2. Qualifying circumstance 3.
Mitigating factors are extenuating circumstances that might lead to a reduced sentence.
Aggravating factors are circumstances that increase the defendant's culpability and could lead to an enhanced or maximum sentence.