The Difference Between Aggravating Factor and Mitigating Factors

In criminal law, many aspects are thoroughly evaluated before coming to a conclusion. Many factors are dissected for proving someone guilty or deciding the severity of the punishment. The outcome must be fair and justifiable for the accused. Therefore, to maintain equitability in criminal offenses, mitigating and aggravating factors are taken into consideration.

Aggravating Factors

The court takes several factors into account to determine the gravity of the punishment. Aggravating factors result in an increase in punishment. It can be a penalty, jail sentence, or compensation.

Some of these factors are:

Criminal Record: The history of the accused is highly important to determine the sentence level. In the United States, the record of every citizen is maintained in which their criminal statuses are recorded. It can be good news if the accused has a clean record which may reduce their sentence.

Vulnerability of the Victim: The extent to which the victim was exposed to harm is also considered. For instance, if the victim were a toddler who was highly vulnerable to be injured in criminal activity. In this case, it would be seen as an aggravating factor.

 Mitigating Factors

Contrary to the aggravating factors, the mitigating factors help reduce the sentence for the accused party. Such factors are:

Threatened to Commit Crime: Suppose the accused is proven to be threatened or forced to perform the criminal activity and endanger the lives of others. In this case, it is seen as a mitigating factor in the court of the law.

Physical Disability: If the accused is proven to be physically or mentally disabled when performing the crime, it may result in the concession of the sentence.

In any criminal offense, you need to have an eligible attorney on your side because the prosecution will always try to get you the strictest sentence. However, with the help of an attorney at The Williams Litigation Group, you will be able to defend yourself. The attorney assigned to you will be responsible for finding a middle ground and presenting a strong case to represent you in front of the jury.

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