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What Are Aggravating Factors?

What Are Aggravating Factors?

Aggravating factors are circumstances relevant to the case that increase the harshness of penalties appropriate. These factors result in elevated charges because they cause the law to view the crime as more severe. While some factors may be considered aggravating, other factors may be considered mitigating — in other words, these factors influence the court to be less harsh in its judgment.

Under Indiana statutes, battery conviction comes with stiff penalties. For example, a person who knowingly or intentionally touches someone else in a rude, insolent or angry manner commits battery and can be charged with a Class B misdemeanor. When the touching involves bodily injury, it can elevate charges to a Class A misdemeanor. Other aggravating factors that can cause charges to get elevated to Class A misdemeanors include battery against someone under the age of 14 or against a law enforcement officer, firefighter, penal facility employee or community policing volunteer while they are engaged in their official duties.

If a defendant uses a deadly weapon in a way that results in serious injury, charges become a Class C felony. When the person uses a deadly weapon in a way that results in serious injury against a child less than 14-years-old, the crime becomes a Class D felony. When the battery results in the death of someone under the age of 14 and the person committing the battery is at least 18-years-old, the crime becomes a Class A felony.

An experienced Fort Wayne assault and battery lawyer can thoroughly investigate all circumstances surrounding your charges when preparing an optimal defense. Effective case strategies in assault or battery cases often involve seeking lesser charges or arguing that certain evidence is inadmissible when illegally obtained.

The Law Offices of Ryan E. Lackey offers a free consultation to discuss your criminal charges. We provide cost-effective and dependable representation to all our clients.

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