Simple English definitions for legal terms
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Aggravated: When someone does something really bad, like hurt someone else very badly or use a dangerous weapon, it can make the crime even worse. This is called an aggravated crime. The law says that if someone does something like this, they can get in even more trouble than if they just did a regular bad thing. This is called an aggravating factor. For example, in Texas, if someone hurts someone else really badly during an assault, it can become an aggravated assault, which is a very serious crime.
Definition: An aggravated crime or tort is a more serious version of a crime or tort that is committed under specific circumstances. These circumstances allow for increased punishments over what the crime or tort would usually receive. The circumstances necessary to raise an offense into the aggravated version are known as aggravating factors. These factors are typically laid out in statute.
For example, in Texas, a person's assault charge can be raised to an aggravated assault charge if they cause serious bodily injury to another person or use a deadly weapon during the assault. Although standard assault is a misdemeanor, aggravated assault is always a felony.
Another example of an aggravated crime is aggravated robbery. This occurs when a person uses a deadly weapon or causes serious bodily injury during a robbery. The use of a deadly weapon or causing serious bodily injury are the aggravating factors that make the crime more serious.
These examples illustrate how aggravating factors can increase the severity of a crime or tort and result in harsher punishments for the offender.