Aggravating circumstances are facts that make a crime worse in the eyes of the law and push a judge toward a harsher sentence. They can include things like the vulnerability of the victim, the use of a weapon, or a defendant’s prior record. Their opposite is mitigating circumstances, which support a lighter sentence.
How Aggravating Circumstances Work in California
Under California Rule of Court 4.421, judges consider listed aggravating factors when choosing among the lower, middle, or upper term of a sentencing triad. Following Senate Bill 567 and Penal Code § 1170(b), most aggravating facts must now be admitted by the defendant or proven to a jury beyond a reasonable doubt before they can support an upper-term sentence — a major shift in California sentencing law.
Related Legal Terms
Aggravating circumstances tie directly to sentence selection, sentencing guidelines, and the operation of the Three Strikes Law, and they often arise in serious felony and violent crimes cases handled by our criminal defense team.
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