What Constitutes an ‘Aggravating Factor’ in Sentencing?
When determining sentencing, judges are faced with a wide variety of details that can influence the severity of their decision. Aggravating factors are something that you and your Tampa criminal defense lawyer with The Rickman Law Firm need to assess and consider throughout the entirety of your court proceedings.
Definition of Aggravating Factors
An aggravating factor is any circumstance or element that can increase the severity of a criminal sentence. Aggravating factors are considered during sentencing to determine the overall severity of an individual’s sentence.
Common Aggravating Factors
As the leading criminal lawyers in Tampa, these are the most common aggravating factors that can influence sentencing:
- Any previous criminal history
- Any use of a weapon during the incident under trial
- Whether there was harm, substantial or not, to the victim
- Whether the victim was vulnerable, which can be determined by whether they are children, an elderly person, or an individual with disabilities
- If there was a particularly cruel nature to the crime
- If there is any pattern of criminal activity
The Role of Aggravating Factors in Sentencing
Once an individual is found guilty of a crime, the judge will set aside time to evaluate and weigh the aggravating factors to create a sentence they feel is the most appropriate.
For example, if an individual is being charged with first-degree murder and the victim was a pregnant woman, there was premeditation, and there was a gun involved, these aggravating factors will most likely increase the severity of the already terrible consequences. In some courts, the judge may then choose to impose maximum sentencing or life in prison.
Your Tampa criminal defense lawyer with The Rickman Law Firm will determine the best course of action depending on what any potentially aggravating factors are to develop the most appropriate and effective defense strategy possible.
Facing a Criminal Sentence? Choose the Best Criminal Defense Law Firm for Expert Representation
Aggravating factors can lead to harsher sentences, and it is extremely important to know how they will be applied to a case. A skilled Tampa criminal lawyer with The Rickman Law Firm can help identify possible aggravating factors and work to minimize their impact on your sentencing.
At The Rickman Law Firm, we are dedicated to you and are available 24 hours a day, 7 days a week. Call our office at (813) 370-1185 or fill out a consultation form for a free case consultation today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.