If you file a criminal complaint, the punishment can vary greatly depending on the existence of aggravating circumstances. These factors can significantly influence the outcome of a case. Therefore, it is important for the defendant to understand his or her role in the legal process.
In this article, we explain the concept of aggravating circumstances, provide examples, and explain how they influence sentencing decisions in Illinois and Missouri.
Aggravating factors in criminal cases
Aggravating factors are elements of a crime that increase its seriousness or guilt and often result in harsher penalties. These factors are balanced against mitigating factors that may lessen the severity of the sentence.
In Illinois, the General Assembly has outlined several aggravating factors that can increase the severity of a sentence (730 ILCS 5/5-5-3.2). Some notable complicating factors include:
- Committing a crime against a person 60 years of age or older
- Committing a crime against a person with a physical disability
- Committing a crime in a place of worship or on school grounds
- Committing a crime as part of gang activity
Missouri law also recognizes various aggravating circumstances that may result in harsher penalties, particularly in first-degree murder cases (Section 565.032, Missouri Revised Statutes). These factors can even result in a defendant facing the death penalty. Some notable aggravating circumstances in Missouri murder cases include:
- The defendant has a previous conviction for murder or other serious bodily harm
- The murder was committed during the commission of another serious crime, such as a robbery or kidnapping
- The murder was committed for financial reasons
- The victim was a police officer, an elected official, or a witness in a criminal case
- The murder was “egregious or wantonly heinous, terrible or inhumane in that it involved torture or depravity of the mind.”
Judges and juries evaluate aggravating and mitigating factors when determining an appropriate sentence within the limits prescribed by law. The presence of multiple aggravating factors can result in sentences at the higher end of the spectrum, while the absence of such factors or the presence of mitigating circumstances can result in more lenient sentences.
At Rose Legal Services, our attorneys have a deep understanding of the criminal laws in Illinois and Missouri and represent our clients throughout the criminal process.
Common examples of aggravating circumstances
In Missouri, there are several other significant aggravating factors that can apply to a variety of criminal cases. Let’s examine four of the most common aggravating circumstances in Missouri:
1. Previous and ongoing offender status
In Missouri, being classified as a “former and persistent offender” is a significant aggravating factor.
This is a term defined in the law that can have serious implications for sentencing:
- A “predecessor” is someone who was convicted of a crime prior to the time the present offense was committed.
- A “persistent offender” is typically someone who has been convicted of two or more crimes, committed at different times, before the time of committing the offense at hand. Effective August 28, 2024, Missouri amended the law to make a person convicted of only one prior offense eligible for “persistent offender” status if the prior offense was a “dangerous felony” in the within the meaning of the law.
If the state proves beyond a reasonable doubt that a defendant is a former and persistent offender and has committed a new crime, the courts are required to sentence the person to the allowable term of imprisonment for the offense, which is one class higher than the offense for which the crime was committed person was found guilty. For example, if someone classified as a persistent offender commits a Class C felony, it could be upgraded to a Class B felony, significantly increasing the potential punishment.
2. Use of a weapon
In Missouri, using a weapon in the commission of a crime often results in an additional armed criminal action charge.
This accusation has serious consequences:
- A minimum sentence of 3 years is required for armed crimes.
- This sentence must be consecutive to other charges, meaning it is added to all other sentences and may not be served concurrently.
This can significantly increase the total time a defendant could serve if convicted.
3. Designation as a dangerous crime
Missouri law defines certain crimes as “aggravated felonies.” If a crime falls into this category, stricter sentencing is required:
- A conviction for a dangerous crime requires that at least 85% of the sentence be served before the offender is eligible for parole.
- This significantly reduces the possibility of early release and ensures a longer period of imprisonment.
4. Classification of hate crimes
When a crime is classified as a “hate crime” under Missouri law, it becomes an aggravating factor that can increase the severity of the charge:
- Classifying it as a hate crime typically places the crime one level higher.
- For example, a Class A misdemeanor could be upgraded to a Class E felony if it is determined to be a hate crime.
This increase may result in longer possible sentences and other increased penalties. Under Missouri law, only certain crimes can be classified as hate crimes, such as assault, criminal damage, harassment, trespassing and rioting.
The role of aggravating circumstances in plea negotiations
Aggravating factors not only influence sentencing decisions, but also play an important role in negotiations between prosecutors and defense attorneys. During these negotiations, both parties will take into account the existence of aggravating circumstances when discussing possible settlement agreements. The presence of multiple aggravating factors may result in prosecutors imposing harsher sentences or being less willing to make favorable plea offers.
On the other hand, defense attorneys can use the absence of aggravating factors or the presence of extenuating circumstances to negotiate more favorable agreements for their clients. By highlighting the specific circumstances of the case and any factors that might reduce the defendant’s guilt, attorneys can work to obtain more lenient sentences or alternative punishments, such as probation or rehabilitation programs.
At Rose Legal Services, our experienced criminal defense attorneys work to obtain the best possible plea agreements for our clients, taking into account all relevant aggravating and mitigating factors.
Aggravating circumstances and the death penalty
In death penalty cases, aggravating circumstances play a critical role in determining whether a defendant deserves the death penalty. The U.S. Supreme Court has ruled that the Eighth Amendment requires the presence of specific aggravating factors to justify the imposition of the death penalty.
Illinois abolished the death penalty in 2011. However, in Missouri, certain aggravating circumstances may still warrant the death penalty, such as killing a police officer or committing murder for financial gain (Section 565.032, Missouri Revised). Statutes).
In these cases, the prosecution must prove beyond a reasonable doubt that at least one statutory aggravating factor exists in order for the defendant to be eligible for the death penalty.
Mitigating factors: compensating for aggravating circumstances
While aggravating circumstances can increase the severity of a sentence, mitigating circumstances can have the opposite effect and potentially lessen the sentence. Mitigating factors are aspects of the crime or the defendant’s background that may justify a more lenient sentence.
Common mitigating factors include:
- Make reparations to the victim
- Show sincere remorse and accept responsibility for the crime
- Without a criminal record
- Have a mental illness or substance abuse disorder that contributed to the crime
- Playing a minor role in the crime or acting under duress
When determining an appropriate sentence, judges must weigh both aggravating and mitigating factors. In some cases, the presence of significant mitigating circumstances may offset the impact of aggravating circumstances and result in a more lenient sentence than would otherwise be justified.
Are you concerned about aggravating factors in your case? Rose Legal Services can help
It is important for anyone facing criminal charges in Illinois or Missouri to understand the aggravating circumstances. These factors can significantly influence the severity of a sentence and the outcome of plea negotiations.
If you or a loved one are facing criminal charges in Illinois or Missouri, it is important to seek the advice of an experienced attorney. At Rose Legal Services, our team of passionate, experienced lawyers is committed to giving good people a second chance. We have been helping people like you for more than 20 years and have helped thousands of people who have been charged, arrested or investigated for a crime. Our team consists of attorneys, staff and an investigator, all working together under Mr. Rose’s direct supervision to achieve the best possible results for our clients.
When you choose Rose Legal Services, you can expect top-notch legal representation from a team that truly cares about your well-being. We pride ourselves on our excellent customer service and communication, ensuring you stay informed throughout the legal process. To discuss your case and learn more about how we can help you, please contact our office for a consultation. Remember: With Rose Legal Services on your side, you are never alone in your fight for justice.
