Legal Definitions - aggravator

An aggravator is an individual who commits a crime under circumstances that make the offense more serious or reprehensible. These circumstances, known as aggravating circumstances, indicate a higher degree of culpability, harm, or malicious intent, and can lead to a more severe punishment than would otherwise be imposed for the same crime.

• Example 1: Crime Against a Vulnerable Person

  Imagine a scenario where a person breaks into a nursing home and steals valuables from a resident who is physically incapacitated and unable to defend themselves. The perpetrator specifically targeted a highly vulnerable individual.

  In this case, the thief would be considered an aggravator because the victim's extreme vulnerability is an aggravating circumstance. The law views crimes against the elderly, disabled, or very young as more serious due to the victim's inability to resist or protect themselves, thus increasing the perpetrator's culpability.

• Example 2: Crime Involving Extreme Cruelty

  Consider a situation where an individual commits an assault, and during the attack, they intentionally inflict prolonged and gratuitous pain on the victim, far beyond what was necessary to carry out the assault itself.

  Here, the assailant acts as an aggravator because the intentional infliction of extreme cruelty is an aggravating circumstance. This demonstrates a heightened level of malice and disregard for human suffering, making the crime more heinous in the eyes of the law and potentially leading to a harsher sentence.

• Example 3: Crime Committed While Abusing a Position of Trust

  Suppose a guardian embezzles funds from a minor child's inheritance, which they were legally entrusted to manage. The guardian systematically siphons off money over several years for personal use.

  The guardian, in this instance, is an aggravator because they abused a significant position of trust. The fact that the crime involved betraying a fiduciary duty to a dependent child is an aggravating circumstance, making the offense more serious than if it were a simple theft from a stranger, as it exploits a relationship of reliance and confidence.