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Find Crimes and Aggravation Lawyer

Find Crimes and Aggravation Lawyer

Crimes and Aggravation

Many lay people are not familiar with the intricacies of how sentences are handed down by the court. However, the court actually follows a number of procedures, most notably precedent and the sentencing guidelines. These guidelines help address the nature of the crime as well as any enhancing factors, known as aggravations.

The Leier Law Office, LLC

10 years in practice
Crimes and Aggravation, Criminal Defense, Criminal Trials and Juries, Defendant Rights, Domestic Violence
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Scott R. Scherr, P.A., Attorney at Law

31 years in practice
Auto Accidents, Crimes and Aggravation, Criminal Appeals, Criminal Defense, Criminal Trials and Juries
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Scott R. Scherr, P.A., Attorney at Law

31 years in practice
Auto Accidents, Crimes and Aggravation, Criminal Appeals, Criminal Defense, Criminal Trials and Juries
View Profile

The Leier Law Office, LLC

10 years in practice
Crimes and Aggravation, Criminal Defense, Criminal Trials and Juries, Defendant Rights, Domestic Violence
View Profile

Adjusting the Penalties

The sentencing guidelines leave a large amount of discretion and adjustments to allow courts to theoretically consistently deliver penalties that match the nature of the crime. These adjustments generally take the form of aggravations that can be used to increase penalties and mitigating factories that are meant to decrease penalties faced.

Aggravating Factors

There are a number of factors that can aggravate the penalties suggested by the sentencing guidelines. Some examples of aggravating factors include criminal history, use of a weapon, injury or death of a third party, or premeditation. There are also a number of specific aggravating factors that are unique to different crimes.

Mitigating Factors

In general, a mitigating factor is something that will reduce the sentence given. Examples include a lack of a criminal history, lack of intent, and specific factors such as acting in defense of the individual or others. Mitigating factors are best explored with the help of a criminal defense attorney.

Giving You The Advocacy You Deserve

If you have been accused of an aggravated crime and need to defend yourself, you will need the help of an experienced criminal defense attorney. A private defense attorney is able to focus completely on your case and devote far more attention to your case than a public defender would be able to.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice criminal law.

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Crimes and Aggravation Frequently Asked Questions

1. What are the different classifications of crimes and how are they determined?

In general crimes are divided into misdemeanors, traffic violations, and felonies. Misdemeanors are usually minor crimes such as jaywalking or theft of low-value items. Traffic violations can be misdemeanors or felonies but also include breaches of the traffic code such as failing to yield or speeding. Felonies are a more serious offense, with felony classifications either ranging from class A, B, and C, or Level 1-5 depending on the state and severity of the crime.

2. What factors are considered when determining the severity of a crime?

Different factors can be used to determine how severe the punishment of a crime will be. In general, courts will follow the sentencing guidelines established by the state, the federal government, or preexisting precedent. Factors that affect the guidelines include severity of the crime, criminal history, and whether the crime was intentional or impulsive.

3. What are aggravating factors in criminal law and how do they affect sentencing?

In some cases, such as with theft or vandalism, the property value of the assets stolen or destroyed can enhance the severity of the crime. In other cases, evidence of preplanning or use of a weapon can increase the sentence given.

4. How do aggravating factors differ from mitigating factors?

Aggravating factors will make a sentence more severe, usually increasing the length of potential jail time or fines. Mitigating factors serve to reduce the sentence handed down due to extenuating circumstances.

5. Can aggravating factors lead to enhanced penalties or longer sentences?

Yes. Any aggravation such as the use of a weapon or proof of premeditation will result in a higher guideline score that will recommend a more severe sentence.

Once an appeal has been granted, the individual must state a grounds for the appeal. Grounds for an appeal include claiming legal error, ineffectiveness of counsel, or juror misconduct. At least one of these claims must be proven before the results of a case can have its sentence reduced or dismissed.

 

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