aggravating legal definition
Overview of Aggravating and Mitigating Factors. If a judge or jury finds a defendant guilty at the end of a criminal trial, the court must determine the defendant’s punishment. State and federal criminal statutes often set maximum penalties based on the offense classification, with felonies having the most serious possible punishments. What is AGGRAVATION? Any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself. A murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human being with malice aforethought. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Well, it took my mind off from every- thing else; took it clear off, and centered it in my helmet; and mile after mile, there it stayed, imagining the handkerchief, picturing the handkerchief; and it was bitter and aggravating to have the salt sweat keep trickling down into my eyes, and I couldn't get at it. Aggravating Factor. Any fact or circumstance that increases the severity or culpability of a criminal act. Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others. The recognition of particular aggravating factors varies by jurisdiction. The definition of aggravated is something that intensifies or worsens something like a condition or circumstance. Carrying a gun while committing a burglary is an example of aggravated burglary and carries with it a more severe penalty. Aggravated is defined as something was made more intense or acute. He was in the prime of life, but very bald--had been in the army and the coal trade--wore very stiff collars and prodigiously long wristbands--seldom laughed, but talked with remarkable glibness, and was never known to lose his temper under the most aggravating circumstances of prison existence. It also had the extended senses to burden or to oppress.. On the basis of this etymology, it is claimed by some that aggravate should not be used to mean to irritate, annoy, rouse to anger.. But such senses for the word date back to the 17th century and are pervasive. Aggravated Assault Law and Legal Definition. Aggravated assault is the crime of physically attacking another person which results in serious bodily harm and/or is committed with a deadly or dangerous weapon such as a gun, knife, sword, ax or blunt instrument. Aggravated assault is usually a felony punishable by a term in state prison. The elements of common law murder are: 1  Unlawful. 2  killing. 3  through criminal act or omission.  of a 1  human. by another human.  with malice aforethought.
Any fact or circumstance that increases the severity or culpability of a criminal act.