Sometimes after a crime takes place, the perpetrator finds themselves in more serious trouble than they initially expected. Some charges contain what we call aggravating factors – and these factors can significantly worsen the penalties for a crime.

Recently, a man on a Chicago train in the Cermak Road area was stabbed in the face. Police don’t know what motivated the attack yet, but any discovered motivations could be considered aggravating factors in the crime. These could increase the sentencing for a guilty verdict.

Here’s what you need to know about aggravating factors in Illinois and how they could potentially enhance your sentence if found guilty.

What Are Aggravating Factors

Aggravating factors are specific aspects of a crime that can result in harsher penalties under the law. Some aggravating factors under Illinois state statutes include:

• Previous history of criminal activity
• Threatening to cause or causing serious harm to someone else
• Payment for committing the offense, i.e. a hitman
• Victim over age 60
• Victim with a physical disability
• Crime committed based on the victim’s gender, religion, race, color, or sexual orientation
• An offense that occurred in a place of worship, on school grounds, in a nursing home, or at a daycare center
• Crime related to gang activity
• Crime including a dangerous weapon or firearm
• Crime was an abuse of a public office, professional position, or reputation
• Wearing a bulletproof vest while committing the crime

Also, it’s important to note that prosecutors consider how punishment for aggravating factors will deter others in the community from committing similar offenses in the future.

Type of Sentences For Aggravating Factors in IL

If you are found guilty of a crime that includes aggravating factors, the judge can sentence you to penalties within a certain range of the specific crime you committed.

Example punishments include:

Prison

Every crime in Illinois falls under either misdemeanor or felony. The specific charges determine how long you can be imprisoned for a guilty verdict. Some crimes, especially those with aggravating factors, have minimum mandatory sentences. Each crime carries a specific penalty for which you may face a minimum term behind bars.

Fines

A judge can also order you to pay fines instead of jail time or in addition to it. Fines for misdemeanors are often $2,500 or less, while fines for felonies are usually $25,000 or less – unless the law outlines a higher fine for a specific offense.

Mitigating Factors

Since the prosecution can present aggravating factors in your face, your defense team can counter them with mitigating factors. These help to reduce your punishment if found guilty.

Examples of mitigating factors could be:

• Substantial grounds that justify the conduct for which you’ve been charged
• Another person facilitated or organized the crime
• Unexpected circumstances gave rise your actions
• No previous criminal history on the part of the defendant
• Defendant with a recognized mental disability

Aggravated Assault Lawyer Chicago

You need to understand aggravating factors, sentencing, and your rights if you are charged with a crime. Bring a professional attorney on board to gain clarity on these important matters.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

When charged with a crime in Illinois, it’s essential to understand the consequences that come with a conviction. It’s not simply about being found guilty or innocent, but about a judge determining your sentence. That sentence can be heavily influenced by aggravating as well as mitigating factors.

Criminal Sentencing: What Happens?

While each criminal case in Illinois is unique, there are general factors the judge must consider in order to ensure that the punishment fits the crime.

Under Illinois law, a judge must review the case to determine what sentence is best. This is what happens at a sentencing hearing after an offender is convicted. Each side of the aisle has an opportunity to weigh in.

Prosecutors Present Aggravating Factors

During the sentencing hearing, prosecutors argue the circumstances of the case that they believe warrant the penalty they are seeking. They introduce aggravating factors to the judge or the things that can make the case seem more dangerous or serious and support a harsh penalty.

Defenders Present Mitigating Factors

The defense attorney presents mitigating factors to the judge, which are thins that attempt to justify or explain your conduct, in order to argue for a more lenient sentence. The judge then considers all of these factors to determine the sentence.

Aggravating Factors: What Are They?

When it comes to the sentencing phase of a crime, aggravating factors can give cause to the judge to impose more a more severe penalty.

Some of the most common aggravating factors include:

• A previous criminal history
• Receiving compensation for the act for which convicted
• Threatening or causing to threaten serious harm
• The crime was motivated by color, creed, religion, race, gender, sexual orientation, ancestry, or physical ability, also called a hate crime
• The victim was a peace officer, disabled, or elderly

Of course, these aren’t the only aggravating factors to a sentence. It’s the job of the judge to weigh any aggravating factors presented.

The use or possession of a firearm; when an act was related to gang activity; whether the crime was an abuse of public office, are all examples that may be considered aggravating circumstances.

Mitigating Factors: How Did It Happen?

Once the prosecution has presented its case for sentencing, your attorney has an opportunity to mitigate those aggravating factors, as well.

In Illinois, mitigating factors that may help to explain the defendant’s actions range from the level of harm caused or involvement of the offender to criminal history and chances of recidivism.

• Conduct that didn’t threaten or cause serious harm
• Conduct was facilitated or organized by another
• Grounds exist that were insufficient as a defense of the crime but can justify or excuse the conduct
• The conduct was the result of unexpected circumstances
• Probation is likely to be complied with
• The defendant has a mental disability
• The victim will be or is being compensated for their injuries
• The defendant is unlikely to continue committing crimes
• There is no previous criminal history
• The defendant is likely to be helped by treatment programs or counseling

Sometimes an attorney is even able to reduce sentencing due to the undue burden a sentence places on the dependents of a defendant.

Probable Criminal Sentences

Even though the judge must weigh both the aggravating and mitigating factors, they must also impose a sentence that falls within Illinois guidelines for punishments linked to the specific crime. The likely punishments include fines, imprisonment, and probation.

The reason mitigating any aggravating factors is so important in your defense strategy is because it could mean the difference between a few hundred dollars owed or upwards of $25,000 in fines per conviction.

It can also shave years off of a prison term, or possibly eliminate jail time altogether, replacing it with supervisory probation.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.