Legal Definitions - aggravating element

An aggravating element is a fact or situation that increases the degree of liability or culpability for a criminal act. It is also a fact or situation that is considered by the court in imposing punishment, especially a death sentence. This is also known as an aggravating circumstance.

For example, in a capital-murder case, aggravating circumstances may include the use of a weapon, the victim being a police officer, or the crime being committed during the commission of another felony. These aggravating elements can increase the severity of the punishment given to the defendant.

Another example of an aggravating element is when a defendant has a prior criminal record. This can be used to show that the defendant has a history of criminal behavior and is more likely to commit crimes in the future.

Overall, aggravating elements are used to show the severity of a crime and to justify a harsher punishment for the defendant. They are important factors that are considered by the court in determining the appropriate punishment for a criminal act.