Legal Definitions - aggravate

To aggravate a crime means to make it more serious or severe. In legal terms, an 'aggravating factor' is a circumstance that increases the culpability of a defendant or the gravity of an offense, often leading to a harsher penalty.

Here are some examples of how a crime can be aggravated:

• Example 1: Use of a Weapon

  Imagine a person commits a robbery. If they simply demand money without displaying any weapon, it is a serious crime. However, if they brandish a knife or a firearm during the robbery, this act aggravates the offense. The presence of a weapon significantly increases the danger to the victim and the potential for severe harm, making the robbery much more serious in the eyes of the law and typically resulting in a more severe sentence.

• Example 2: Targeting a Vulnerable Victim

  Consider a case of financial fraud. If an individual defrauds a healthy, financially savvy adult, it is a crime. But if the perpetrator specifically targets and defrauds an elderly person with cognitive impairments, or a person with a severe disability, this is an aggravating factor. Exploiting a victim's known vulnerability due to age, physical condition, or mental capacity demonstrates a higher degree of malice and makes the crime more reprehensible, often leading to enhanced penalties.

• Example 3: Hate Crime Motivation

  Suppose an individual commits an assault. If the assault is a result of a random altercation, it is a crime. However, if evidence shows the assault was specifically motivated by the victim's race, religion, or sexual orientation, this motivation aggravates the crime. Such an act is often classified as a "hate crime," reflecting that the perpetrator's bias adds a layer of societal harm and a deeper level of malicious intent, warranting a more severe punishment than a standard assault.