Tuesday, January 26, 2010

An Aggravating Crime

It's a slightly simplified explanation of the differences in how a crime is charged to say there is a crime, and then an aggravated version of the same crime. This term is bandied about quite often on TV when the cops and attorneys get their heads together to figure out what to charge the perpetrator with and how "aggravating" the crime was in totality.

Aggravating is living with your ex spouse, but aggravating in reference to a crime is something different. There needs to be certain factors present in order to charge a crime as an aggravated one – say aggravated assault for instance.

"The factors that need to be present may include whether or not there was a dangerous weapon involved, if there was a threat to use a dangerous weapon and if bodily harm was caused as a result of the crime in question, etc," explained Daniel H. Wannamaker, board certified criminal defense attorney of Wannamaker and Associates, an Austin law firm with offices in Dallas and Houston.

"The factors are what "converts" a regular crime to an aggravated crime, and while that may sound simple enough on the surface, it rarely is," said Wannamaker, who would definitely know what he is talking about, since he deals with many cases such as this on a regular basis. "So, there may be the crimes of aggravated assault, and aggravated battery," added Wannamaker.

Generally speaking most aggravated crimes tend to have wider ranges of penalties attached to them, however each case is different and involves different factors. "If you're in a situation where you have been charged with an aggravated crime, call me, we need to talk about your options," said Wannamaker.

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