Legal Definitions - aggravating circumstance

An aggravating circumstance is a fact or situation that increases the degree of liability or culpability for a criminal act. It can also be a fact or situation that is considered by the court in imposing punishment, especially in a death sentence. This is different from a mitigating circumstance, which reduces the degree of culpability and may lessen the severity of a sentence.

• In a murder case, an aggravating circumstance could be if the victim was a child or if the murder was committed for financial gain.
• In a robbery case, an aggravating circumstance could be if the defendant used a weapon or if the victim was injured during the robbery.

These examples illustrate how an aggravating circumstance can increase the severity of a crime and the punishment imposed on the defendant. It is important for the court to consider both aggravating and mitigating circumstances when determining a sentence.