What Makes Something Aggravated?
When it comes to crimes, there are basic ones and there are aggravated ones. What’s the difference?
An aggravated crime is one that is committed under circumstances that allow for increased punishments, more than what the crime would usually receive. A person accused of an aggravated crime has taken some kind of action that increases the gravity or severity of the crime. Whether or not a crime is aggravated depends on all the circumstances involved. Each state has laws that outline the circumstances necessary to raise a standard crime to an aggravated crime.
Aggravated crimes generally carry harsher penalties, including longer prison sentences or higher fines. Therefore, if you are accused of one, you need to act quickly to protect your legal rights.
Aggravating Factors
Aggravating factors are circumstances or actions that elevate a crime from a basic offense to an aggravated one. Some examples include:
- Use of a weapon. The presence of a deadly weapon, like a gun or knife, during the commission of a crime often elevates it to an aggravated level.
- Serious bodily injury. If a crime results in significant physical harm to the victim, it can be classified as aggravated.
- Targeting a vulnerable victim. Crimes against children, the elderly, or individuals with disabilities may be considered aggravated.
- Financial crimes. Some financial crimes can be aggravated based on the amount of money involved.
Examples of Aggravated Crimes in South Carolina
Here’s a look at some aggravated crimes in the state:
- Assault and battery of a high and aggravated nature. Defined under S.C. Code § 16‑3‑600(B), it involves causing great bodily injury or injuring someone in a manner likely to cause death or serious harm. An example would be firing a gun into an occupied home. It carries a maximum prison sentence of 20 years.
- Criminal sexual conduct. First-degree criminal sexual conduct (S.C. Code § 16‑3‑652) and second-degree (S.C. Code § 16‑3‑653) are considered violent crimes First-degree offenses can carry up to 30 years in prison, while a second-degree offense can result in up to 20 years in prison.
South Carolina law (S.C. Code § 16‑1‑60) specifically classifies numerous serious felony offenses as violent crimes, such as:
- Armed robbery
- Carjacking with great bodily injury
- Kidnapping
- First-degree burglary or second-degree burglary
- Homicide by child abuse
- Human trafficking
- Arson
- Domestic violence of a high and aggravated nature
- Abuse or neglect of a vulnerable adult resulting in great bodily injury or death
- Aggravated voyeurism, spousal sexual battery, sexual exploitation of minors, and hostage taking
Contact Us Today
If you are facing charges for an aggravated crime, the law is not on your side. You will need a solid defense to protect yourself.
A Charleston criminal defense attorney from Wyndham Law Firm, LLC can help you understand the risks and consequences involved. We have 30 years of experience defending clients accused of various crimes. Schedule a consultation with our office. Contact us via (843) 279-5312 or online here.