Arkansas Motion to Bar Use of Certain Aggravating Circumstances
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How to fill out Motion To Bar Use Of Certain Aggravating Circumstances?
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FAQ
Per Section 5-10-101 of the Arkansas Code, capital murder is if an individual attempts to commit a crime that also causes the death of another person.
False imprisonment in the second degree. (a) A person commits the offense of false imprisonment in the second degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty.
Theft of Services (AR Code §5-36-104): You may face a theft of services charge if, with the intent to defraud another person or business, you obtain services you know are available for compensation by the use of threats, deception, or other methods to avoid payment.
(a) A person commits manslaughter if: (1)(A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.
Aggravating circumstances are conditions that increase the seriousness of a crime. Where there are aggravating circumstances, the defendant's penalty or punishment is usually more severe. For example, an assault happens whenever a person threatens to injure another person.
Manslaughter ? Manslaughter carries a penalty of three to 10 years' imprisonment and is defined as killing another person in one of three situations: Killing another while under extreme emotional distress. Recklessly causing the death of another. Negligently causing the death of another while committing a felony.
Overview of Aggravating and Mitigating Factors Judges have some discretion with regard to sentencing, and a sentencing hearing allows both prosecutors and defendants the chance to present evidence for the court to consider. Aggravating factors may increase a sentence, while mitigating factors may decrease a sentence.
Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime.
