When someone is accused of committing a crime in San Antonio, not every case is treated the same. The law recognizes that certain circumstances can make a crime more serious. These circumstances are called aggravating factors, and they can significantly increase the penalties a defendant faces if convicted.
Learning about how aggravating factors work can help you grasp what’s at stake for your case. This resource article explains how aggravating factors can increase the severity of criminal charges and sentences under Texas law, and how understanding these factors is crucial for anyone facing criminal allegations.
What Are Aggravating Factors?
Aggravating factors are circumstances that make an offense worse in the eyes of the law. They don’t always change the type of crime that was committed, but they can lead to harsher punishments, such as longer prison sentences or higher fines.
In general, an aggravating factor shows that the defendant’s actions were more dangerous and/or harmful than a typical case of the same crime. Texas courts consider these factors during sentencing to determine where within the legal range a punishment should fall.
Aggravating factors include:
- The use of a deadly weapon during the offense
- Committing a crime against a vulnerable person, such as a child
- Prior convictions for the same offense
- Acting with deliberate premeditation
- Participation in organized criminal activity
- Causing serious bodily injury
- Targeting a public servant or peace officer
The presence of one or more aggravating factors can, for example, elevate a misdemeanor offense to a felony.
How Aggravating Factors Affect Sentencing in Texas
In Texas, every crime falls into a specific punishment range depending on its classification (Class A, B, or C misdemeanor, or first through state-jail felony). When a judge or jury decides the sentence, aggravating factors can move the punishment toward the higher end of that range.
For example, if a person is convicted of assault, the typical sentence might include jail time and fines. However, if the assault was committed with a firearm or against a family member, the punishment could increase dramatically.
In some cases, aggravating factors can even trigger mandatory minimum sentences or disqualify a defendant from probation or parole eligibility. That means a conviction could result in significant time behind bars with no opportunity for early release.
What Are Aggravating Factors Under the Texas Penal Code?
The Texas Penal Code doesn’t list all aggravating factors in one place, but it does reference them throughout various statutes.
Examples include:
- Deadly weapon findings: Using or displaying a deadly weapon during the commission of a felony can raise the level of punishment and affect parole eligibility.
- Hate crimes: Crimes motivated by bias or prejudice can be enhanced to a higher penalty category.
- Family violence: Assaults involving family or household members may result in felony charges instead of misdemeanors.
- Repeat offenders: Prior convictions can result in sentence enhancements, leading to more severe future penalties.
Judges are also permitted to consider non-statutory aggravating factors that reflect the nature of the crime, such as the level of harm to victims or lack of remorse shown by the defendant.
Non-Statutory Aggravating Factors
There are specialized contexts where penalties are increased. Crimes committed against vulnerable individuals, such as the elderly or disabled, often carry more severe consequences. Similarly, offenses occurring in specific locations where vulnerable people are located—like schools or hospitals—may trigger enhanced punishment.
The presence of these, along with the previously mentioned factors, demonstrates how the Texas Penal Code prioritizes the severity of criminal behavior and the safety of the community.
The Role of Mitigating Factors
While aggravating factors increase punishment, mitigating factors have the opposite effect. Mitigating factors are circumstances that can lessen a defendant’s moral blameworthiness or justify a reduced sentence.
Mitigating factors might include:
- Lack of prior criminal history
- Evidence of rehabilitation
- Acting under duress
- Cooperation with law enforcement
- Mental health issues
During sentencing, a defense attorney can present mitigating evidence to counter aggravating circumstances and argue for a lesser sentence.
Navigating Aggravating Factors in Your Defense
Aggravating factors can dramatically change the outcome of a criminal case, so your defense attorney must address them head-on. This often involves challenging the evidence or intent behind the alleged factor.
For example, if the prosecution claims a deadly weapon was used, your defense lawyer might argue that the object in question doesn’t legally qualify as one. Similarly, if prosecutors allege that you had an intent to cause serious injury, your lawyer can question the credibility of witnesses or work to have certain evidence against you thrown out as impermissible.
Ultimately, the goal is to either eliminate the aggravating factor from consideration or to reduce its weight in the sentencing phase.
Contact Barton & Associates Attorneys at Law PLLC Today to Speak With a San Antonio Criminal Defense Attorney
Aggravating factors can turn a relatively minor criminal charge in Texas into a life-altering conviction. If you believe there may be aggravating factors in your case, Barton & Associates Attorneys at Law, PLLC, can help you fight back effectively.
Early legal representation can often make the difference between a harsh sentence and a second chance. Contact our San Antonio criminal defense lawyers today at (210) 500 0000 to get started with an initial consultation.