When someone is convicted of a crime in Indiana, the judge has to decide what sentence to impose. State law sets minimum and maximum penalties for each type of offense, but the exact punishment can depend on the circumstances of the case. One of the key considerations is whether aggravating factors are present.
Aggravating factors are facts or circumstances that make the crime more serious in the eyes of the court. They can lead to longer sentences, higher fines, and other harsher consequences. Since they play such a major role in sentencing, it’s crucial to understand how aggravating factors work under Indiana law.
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How Sentencing Works in Indiana
Indiana uses what’s called an “advisory sentence” system.
For each level of felony or class of misdemeanor, the legislature sets:
- A minimum sentence
- A maximum sentence
- An advisory sentence (the middle ground)
For example, a Level 5 felony carries a sentence between one and six years, with an advisory sentence of three years. Judges are generally supposed to start with the advisory sentence and then adjust up or down depending on the presence of aggravating or mitigating factors, respectively.
Common Aggravating Factors in Indiana
Indiana Code § 35-38-1-7.1 lists many aggravating circumstances that courts can consider.
Some of the most common include:
- Prior criminal history: If the defendant has previous convictions, especially for similar crimes, the court may view them as more deserving of a harsh penalty.
- Need for correctional treatment: If the judge believes that the defendant needs a longer sentence to receive effective treatment or rehabilitation, that can be an aggravating factor.
- Violation of trust: Crimes committed against someone who trusted the defendant, such as a caregiver, can make the offense more serious.
- Position of authority: Using a position of power, like being a public official, to commit a crime can result in a harsher sentence.
- Harm greater than usual: If the offense resulted in serious injury or property damage that goes beyond what is normally associated with the crime, the court may increase the penalty.
- Risk to others: Endangering multiple people, such as in a wet reckless case, can serve as an aggravating factor.
- Crime committed in the presence of children: If a child witnessed the crime, the law allows the judge to treat that as an aggravating circumstance.
The statute also gives judges flexibility to consider other factors they deem relevant, which makes it important to have an attorney argue your side at sentencing.
Examples of Aggravating Factors in Action
To see how this works, imagine two people convicted of the same crime. For the purposes of this illustration, let’s use the crime of burglary.
In the first case, the defendant has no prior record and cooperates with the police. No one was home at the time, and no one was hurt. The judge may stick close to the advisory sentence or even reduce it with mitigating factors.
In the second case, the defendant has several prior theft convictions. They broke into a home while a family was inside, frightening the residents. Because there are aggravating factors present, the judge may impose a sentence closer to the maximum allowed.
Balancing Aggravating and Mitigating Factors
Aggravating factors don’t automatically mean the maximum sentence, as judges must consider both sides of the equation.
Mitigating factors might include things like:
- Lack of prior criminal history
- Acceptance of responsibility or showing remorse
- Cooperation with law enforcement
- The defendant’s age or mental health condition
- Likelihood of responding positively to probation
Ultimately, the goal here is to balance aggravating and mitigating factors to arrive at a sentence that is fair under the law.
How a Defense Lawyer Can Help if There Are Aggravating Factors in Your Case
If you are facing charges in Indiana, your defense attorney will look at more than just guilt or innocence.
They will also prepare for the sentencing stage by:
- Reviewing the prosecution’s evidence of aggravating factors
- Challenging factors that are not supported by the facts
- Presenting mitigating evidence on your behalf
- Highlighting your positive background, such as employment or family support
- Arguing for the advisory sentence or even a reduced penalty
Effective legal advocacy from an experienced lawyer can reduce the long-term consequences you face in these circumstances.
Contact an Indianapolis Criminal Defense Attorney at Suhre & Associates DUI and Criminal Defense Lawyers for a Free Consultation
Aggravating factors are an important part of Indiana’s criminal justice system. They give judges the ability to impose harsher penalties when the circumstances of a crime make it more serious. However, they also open the door for strong legal arguments on your behalf.
If you are facing criminal charges in Indiana, it is critical to understand how aggravating factors might affect your case. Contact an Indianapolis criminal defense attorney at Suhre & Associates DUI and Criminal Defense Lawyers to set up a free consultation today.
