North Carolina Motion to Bar Use of Certain Aggravating Circumstances
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How to fill out Motion To Bar Use Of Certain Aggravating Circumstances?
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FAQ
An aggravating factor refers to circumstances surrounding a crime or tort that are sufficient to raise its severity and punishment to the aggravated version of the offense. Aggravating factors are typically laid out by statute and vary depending on the jurisdiction and specific underlying offense.
Overview of Aggravating and Mitigating Factors Judges have some discretion with regard to sentencing, and a sentencing hearing allows both prosecutors and defendants the chance to present evidence for the court to consider. Aggravating factors may increase a sentence, while mitigating factors may decrease a sentence.
A mitigating factor, also called a mitigating circumstance or extenuating circumstance, is any fact or circumstance that lessens the defendant's severity or culpability of a criminal offense. Unlike justification or excuse defenses, mitigating factors only affect the defendant's sentence.
Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime. Recognition of particular aggravating circumstances varies by jurisdiction.
Typical examples of aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, and many others. See also: Mitigating Factor, Criminal Procedure, and the Death Penalty.
Mitigating factors are extenuating circumstances that might lead to a reduced sentence. Aggravating factors are circumstances that increase the defendant's culpability and could lead to an enhanced or maximum sentence.
Some examples include a lack of remorse, a leadership role in the crime, or history of criminal behavior. If a case's mitigating circumstances outweigh the aggravating circumstances, the judge is likely to be less aggressive in their ruling.