Not all burglaries or DUIs are the same, and that’s why Minnesota law oftentimes includes the possibility of upgraded criminal charges for crimes in which aggravating factors are present. Essentially, aggravating factors are aspects of your case that raised the danger or threat level to the victim or the community. If your case involves one or more aggravating factors, odds are you are facing more severe charges. In today’s blog, we take a closer look at aggravating factors associated with different crimes and explain how they can impact your criminal case.
Understanding Aggravating Factors
As we mentioned in the introduction, an aggravating factor is something that made the crime more dangerous than the average run-of-the-mill arrest for that same offense. For example, we talk a lot about aggravating factors in regards to drunk driving arrests. While drunk driving is dangerous in and of itself, certain aggravating factors can turn your misdemeanor DUI into a gross misdemeanor or even a felony offense. In Minnesota, the aggravating factors for DWIs are:
- Driving with a blood alcohol concentration over 0.16.
- Having a child under the age of 16 in the vehicle at the time of your arrest.
- Having a previous DUI or alcohol-related revocation on your record within the last 10 years.
If any of these factors were present in your arrest, you may face upgraded charges and more severe penalties, like mandatory jail time, increased fines or a longer driver’s license revocation.
Aggravating factors aren’t just for DUIs. Many other criminal charges have their own set of aggravating factors, and while we aren’t going to cover them all here, we are going to explore four main types of aggravating factors that are present among a number of different crimes in Minnesota. They are:
Previous Criminal History – A prior criminal history can serve as an aggravating factor for many types of crimes. A previous related criminal history oftentimes acts as an aggravating factor because it suggests to the court that you did not learn anything or try to make positive changes after your initial run in with the law.
Victim Type – Criminal charges can be upgraded depending on the victim at the center of the case. For example, an assault on a law enforcement or government official can oftentimes be upgraded to a more severe crime. Similarly, you may face more severe charges if the victim is young. Many cases of sexual assault or violence are upgraded if the victim is under the age of 16, but it will be assessed on a case by case basis.
Weapon – Another common aggravating factor across multiple types of crimes is the presence of a deadly weapon. Robbing someone on the street or burglarizing someone’s house will always include more significant charges if the individual committing the crime brandished a knife or a firearm at the time of the crime. A deadly weapon quickly escalates the severity of the crime, and Minnesota punishes these perpetrators accordingly.
Value – One final aggravating factor that we want to touch on is value. The greater the value of the property stolen or destroyed, the stronger your criminal charges may be. For example, a theft of criminal damage to property exceeding $50,000 will be met with stronger criminal charges than a theft of $20 from a cash register. The value of the goods stolen or damaged can play a role in whether or not upgraded charges are pursued.
Aggravating factors can make your case complex, and they also mean you’re facing more severe penalties, so don’t try to win your case on your own. If you’re facing upgraded charges, you need to have an experienced criminal defense attorney by your side. In the greater Twin Cities area, we hope you’ll connect with Avery and the team at Appelman Law Firm today at (952) 224-2277.
