When facing criminal charges, the severity of the potential sentence can vary greatly depending on the presence of aggravating circumstances. These factors can significantly impact the outcome of a case, making it important for defendants to understand their role in the legal process.
In this article, we will 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 severity or culpability, often leading to harsher sentences. These factors are weighed against mitigating factors, which may lessen the severity of the punishment.
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 aggravating 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 can lead to harsher sentences specifically in first-degree murder cases (Section 565.032, Missouri Revised Statutes). These factors can even make a defendant eligible for the death penalty. Some notable aggravating circumstances in Missouri murder cases include:
- The defendant has a prior conviction for murder or another serious assaultive crime
- The murder was committed during the commission of another serious felony, such as robbery or kidnapping
- The murder was committed for financial gain
- The victim was a law enforcement officer, elected official, or a witness in a criminal case
- The murder was “outrageously or wantonly vile, horrible or inhuman in that it involved torture or depravity of mind”
Judges and juries assess aggravating and mitigating factors when determining an appropriate sentence within the range prescribed by law. The presence of multiple aggravating factors can result in sentences on the higher end of the spectrum, while the absence of such factors or the presence of mitigating circumstances may lead to more lenient sentences.
Our attorneys at Rose Legal Services have a deep understanding of sentencing laws in Illinois and Missouri and advocate for our clients during the sentencing process.
Common Examples of Aggravating Circumstances
Missouri has several other significant aggravating circumstances that can apply to a wide range of criminal cases. Let’s explore four of the most common aggravating circumstances in Missouri:
1. Prior and Persistent Offender Status
In Missouri, being classified as a “prior and persistent offender” is a significant aggravating factor.
This is a defined term in the statute that can severely impact sentencing:
- A “prior offender” is one who has been found guilty of a felony prior to the date of commission of the present offense.
- A “persistent offender” is usually one who has been found guilty of two or more felonies committed at different times prior to the date of commission of the present offense. Effective August 28, 2024, Missouri added to the statute, making a person who had been found guilty of just one prior felony eligible for “persistent offender” status if the prior felony was a “dangerous felony” as defined by statute.
If the State proves beyond a reasonable doubt that a defendant is a prior and persistent offender and committed a new felony, courts are required to sentence the person to the authorized term of imprisonment for the offense that is one class higher than the offense for which the person was found guilty. For example, if someone classified as a persistent offender commits a Class C felony, it could be elevated to a Class B felony, significantly increasing the potential sentence.
2. Use of a Weapon
When a weapon is used in the commission of a crime in Missouri, it often leads to an additional charge of Armed Criminal Action.
This charge carries serious consequences:
- Armed Criminal Action has a mandatory minimum sentence of 3 years.
- This sentence must run consecutively to other counts, meaning it’s added on top of any other sentences rather than being served concurrently.
This can substantially increase the total time a defendant might serve if convicted.
3. Dangerous Felony Designation
Missouri law defines certain offenses as “dangerous felonies.” When a crime falls into this category, it triggers stricter sentencing guidelines:
- A conviction for a dangerous felony requires that at least 85% of the sentence be served before the offender becomes eligible for parole.
- This significantly reduces the possibility of early release and ensures a longer period of incarceration.
4. Hate Crime Classification
If an offense is classified as a “hate crime” under Missouri law, it becomes an aggravating factor that can increase the severity of the charges:
- A hate crime designation typically elevates the offense by one level.
- For instance, what would normally be a Class A Misdemeanor could be elevated to a Class E Felony if it’s determined to be a hate crime.
This elevation can result in longer potential sentences and other enhanced penalties. Under Missouri law, only certain offenses can be classified as hate crimes, such as assault, property damage, harassment, trespassing, and rioting.
The Role of Aggravating Circumstances in Plea Negotiations
Aggravating factors not only influence sentencing decisions but also play a significant role in plea negotiations between prosecutors and defense attorneys. During these negotiations, both parties consider the presence of aggravating circumstances when discussing potential plea agreements. The existence of multiple aggravating factors may lead prosecutors to pursue more severe penalties or be less willing to make favorable plea offers.
On the other hand, defense attorneys can use the absence of aggravating factors or the presence of mitigating circumstances to negotiate more favorable plea agreements for their clients. By highlighting the specific circumstances of the case and any factors that may lessen the defendant’s culpability, attorneys can work towards securing more lenient sentences or alternative punishments, such as probation or rehabilitation programs.
At Rose Legal Services, our skilled criminal defense attorneys work to secure the best possible plea agreements for our clients, taking into account all relevant aggravating and mitigating factors.
Aggravating Circumstances and the Death Penalty
In capital punishment cases, aggravating circumstances play a critical role in determining whether a defendant is eligible for 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 capital punishment.
In Illinois, the death penalty was abolished in 2011. However, in Missouri, certain aggravating circumstances can still warrant the death penalty, such as the murder of a law enforcement officer or the commission of a murder for financial gain (Section 565.032, Missouri Revised Statutes).
In these cases, the prosecution must prove the existence of at least one statutory aggravating factor beyond a reasonable doubt for the defendant to be eligible for capital punishment.
Mitigating Factors: Counterbalancing Aggravating Circumstances
While aggravating circumstances can increase the severity of a sentence, mitigating factors can have the opposite effect, potentially lessening the punishment. Mitigating factors are aspects of the crime or the defendant’s background that may justify a more lenient sentence.
Common mitigating factors include:
- Making restitution to the victim
- Showing genuine remorse and accepting responsibility for the crime
- Having no prior criminal history
- Suffering from a mental illness or substance abuse disorder that contributed to the offense
- Playing a minor role in the crime or acting under duress
Judges must weigh both aggravating and mitigating factors when determining an appropriate sentence. In some cases, the presence of substantial mitigating factors may offset the impact of aggravating circumstances, resulting in a more lenient sentence than would otherwise be warranted.
Worried About Aggravating Factors in Your Case? Rose Legal Services Can Help
Understanding aggravating circumstances is essential for anyone facing criminal charges in Illinois or Missouri. These factors can significantly influence the severity of a sentence and the course of plea negotiations.
If you or a loved one are facing criminal charges in Illinois or Missouri, it is crucial to seek the guidance of a skilled legal professional. At Rose Legal Services, our team of passionate, experienced attorneys is dedicated to helping good people get a second chance. We have been helping people just like you for more than 20 years and have assisted thousands of individuals who have been charged, arrested, or investigated for a crime. Our team consists of attorneys, staff members, and an investigator, all working together under the direct supervision of Mr. Rose to achieve the best possible outcomes for our clients.
When you choose Rose Legal Services, you can expect top-quality legal representation from a team that truly cares about your well-being. We pride ourselves on excellent client service and communication, ensuring that you are kept informed throughout the legal process. To discuss your case and learn more about how we can help, please contact our office for a consultation. Remember, with Rose Legal Services on your side, you are never alone in your fight for justice.
