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At Ben Hall Law, our East Lansing criminal defense lawyers know that being accused of or arrested for a crime may seem straightforward. However, that is rarely true. Law enforcement or the prosecutor’s office may introduce aggravating factors in a Michigan criminal case, which are circumstances or elements of the offense that may increase its severity or the potential penalties imposed upon a conviction.
The most common aggravating factors considered by Michigan judges during sentencing, which may result in harsher punishment, include:
A defendant’s prior convictions may serve as an aggravating factor, especially when the current offense resembles past crimes. In Michigan, prosecutors may charge a defendant as a habitual offender after a prior felony conviction. As a result, sentencing guidelines for the current felony may increase.
Careful planning before committing a crime may show clear intent to carry it out. This differs from conduct that occurs impulsively or in the heat of the moment. Because intent plays a key role in criminal law, planning may increase the severity of the offense and the defendant’s culpability.
If a crime involves violence or the use of a weapon, the offense may become more serious. As a result, courts may impose harsher penalties. Crimes that cause serious bodily injury or death often lead to significantly increased charges.
A victim may be considered vulnerable when they cannot protect themselves from harm or exploitation. This vulnerability may arise from age, disability, or other circumstances. Crimes against children, elderly individuals, or people with disabilities may lead to enhanced penalties.
Crimes motivated by bias against a victim’s protected characteristics may serve as aggravating factors. These characteristics may include race, religion, ethnicity, sexual orientation, or gender identity.
Crimes connected to gang activity or organized crime may be treated more seriously. As a result, prosecutors and courts may pursue enhanced charges or penalties.
Crimes committed by individuals in positions of trust, like public officials, law enforcement officers, or fiduciaries, may be considered more serious due to the breach of trust involved in the alleged crime.
If you have been accused or arrested for a crime that’s charges are being enhanced because of aggravating factors, contact our trusted criminal defense lawyer in Michigan to discuss your case today by calling (877)-236-4255 or contacting us online.
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