What Is An Aggravated Offense? Explaining The Basics
In Florida, some crimes are considered to be an “aggravated” offense. This classification depends entirely on the specific circumstances of the situation. In this blog, The Law Offices of Salnick & Fuchs, P.A. will explain the basics of what aggravated offenses are, and give some examples to help you understand what situations may result in being charged with an aggravated offense.
In Florida, some crimes are considered to be an “aggravated” offense. This classification depends entirely on the specific circumstances of the situation.
In this blog, The Law Offices of Salnick & Fuchs, P.A. will explain the basics of what aggravated offenses are, and give some examples to help you understand what situations may result in being charged with an aggravated offense.
What Does It Mean When A Criminal Charge Is “Aggravated?”
Basically, a person accused of an “aggravated” crime has taken some kind of action that increases the gravity or severity of the crime – resulting in higher penalties being leveled against them in court.
This can include things like the perpetrator showing a lack of remorse or having a past criminal record, but typically involves specific actions taken by the accused person while they were committing a crime – for example, holding a deadly weapon like a gun while mugging or robbing someone.
Due to the increased severity and seriousness of aggravated crimes, the maximum penalties will be higher, and prosecutors will typically seek higher fines and longer sentences against people who have been accused of such crimes.
Examples Of Aggravating Factors In Florida
There are a lot of different circumstances that may be considered to be aggravating factors in Florida. To help you understand this concept, let’s take a look at a few situations that may result in aggravated criminal charges.
- Making threats with a deadly weapon – Threatening a person while holding a gun is considered to be aggravated assault, which is a third-degree felony. In contrast, assault without any kind of weapon is usually a second-degree misdemeanor.
- Injuring a person during a felony – For example, if a person mugs someone and knocks them unconscious during the crime, this counts as aggravated assault. Any injury caused while committing a felony qualifies as aggravated assault.
- Certain actions during sexual assault – Certain things like using a deadly weapon, date rape drugs, or causing bodily harm to the victim during a rape or sexual assault will result in an aggravated sexual battery charge, which is a first-degree felony.
- Manslaughter of certain victims – Simple (non-aggravated) manslaughter is a second-degree felony, with a penalty of up to 15 years in prison. However, if the victim is elderly, disabled, a child under the age of 18, or an active-duty first responder like a paramedic, EMT, firefighter, or law enforcement officer, this is aggravated manslaughter. This is a first-degree felony with a penalty of up to 30 years in prison.
These are only a few examples. There are many other situations where crimes committed in Florida may be affected by aggravating circumstances.
Contact A West Palm Beach Criminal Defense Lawyer To Protect Yourself
Being accused of any crime is serious, and aggravated offenses carry even harsher penalties. If you are facing a criminal charge in West Palm Beach, the criminal defense attorneys at
The Law Offices of Salnick & Fuchs, P.A. are here to help.
With our representation, you can defend your rights in court and obtain the best possible outcome for your case. Don’t wait. Contact us online or call now to schedule a case review now.