Aggravating factors are any circumstances or facts of a criminal case that raise the length of the sentence or the severity of the crime committed.
Some of the most common aggravating factors include the age of the victim, their mental health, the criminal history of the offender, and whether or not a weapon was used.
Every legal jurisdiction has their own definitions, so the answer will vary.
In Canada, assault is simply intentionally making direct or indirect content with someone else without their consent. There is no requirement to cause any type injury in order to assault someone. Aggravated assault is an assault which “wounds, maims, disfigures or endangers the life of the complainant.”
I imagine that most jurisdictions have a similar definition, where aggravated assault is an assault which causes more serious injuries.
It’s something needs to be clearly defined within a jurisdiction so the *exact* definition varies from place to place but it basically means “much worse”.
If I attack you physically, ok that’s assault. If I attack you by trying to punch your foot repeatedly, that’s hard to justify as being super “serious” so it’s just assault. If I were to punch you 5 or 6 times hard in the gut, ok, that’s pretty bad, like possibly hospital stay bad, that’s “aggravated assault'”. If punch you 5 or 6 times in the head and that’s not only hospital bad but maybe skull surgery or you’re in a coma bad, then you probably talking attempted murder.
You know how American football used to have the 5-yard “incidental” face mask penalty and the 15-yard version if you yanked their head around? Or how basketball has regular fouls and flagrant fouls? Or soccer has regular penalties and yellow/red cards?
Basically like that. We get in a bar fight and I push you–assault. We get in a bar fight and I break a bottle over your head–aggravated assault.
To add to the other answers, sometimes the “aggravated” part refers to the use of a deadly weapon.
For instance, in some jurisdictions, simple assault is just the perceived threat of violence or physical contact, while aggravated assault is that same threat but when a deadly weapon is used to make the threat.
Again, though, it really will vary by jurisdiction. The best way you can find more info is to either go into a particular jurisdiction’s statutes or even jury instructions (since it will break down the crime into precise elements and help make the differences more apparent)
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