Certain violent conduct can result in criminal charges. For example, assaulting someone or threatening them. Sometimes that conduct can have more severe consequences in court.
California law considers certain circumstances as “aggravating” a crime, which can lead to more severe penalties, and even a higher-level charge. What turns a crime into an aggravated offense? Circumstances include:
Those related to the defendant
When a defendant has prior charges that are similar in nature to the current offense, the prosecutor may charge them as habitual offender and seek to increase the punishment. Anyone who commits a crime while on parole or probation is also likely to be treated more harshly. This is why it is so important to contest even minor charges: The more incidents on your record, the more likely that the prosecution will try to paint you as a habitual offender.
Those related to the crime itself
The use, or even just the presence, of a weapon can elevate the level of a crime and its penalties. The amount of violence can also matter. Someone accused of harming someone in a particularly torturous or violent way is likely to face a more severe sentence.
The victim’s personal characteristics
If the victim is seen as particularly vulnerable, such as when they are a child, elderly or have a disability, that can lead to elevated charges. Any suggestion of a discriminatory motive such as violence motivated by the alleged victim’s religion or skin color, would also aggravate the crime. Certain public servants also get a higher level of protection. Threatening an individual who works as a judge or police officer is seen as more serious than threatening them if they worked in civilian employment.
Prosecutors can be quick to jump on aggravating factors to push defendants to strike a deal and plead guilty to a lesser charge. Guidance from a skilled and experienced criminal defense attorney can help you understand your situation and the best defense options available.
