Louisiana Demand for Notice of Aggravating and for Disclosure of Evidence Supporting Mitigating Circumstances
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How to fill out Demand For Notice Of Aggravating And For Disclosure Of Evidence Supporting Mitigating Circumstances?
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FAQ
Simply put, aggravating factors can increase the severity of a punishment, while mitigating factors can reduce it. Predictably, prosecutors often try to highlight aggravating factors to procure a more severe sentence when trying your case. For example, repeat offenses will usually carry harsher penalties.
Aggravating circumstances generally include evidence of future dangerousness, evidence relating to the circumstances of the crime, the defendant's prior criminal record, and evidence about the victim and victim's family.
Common Aggravating Factors Prior convictions. The defendant's criminal record contains several prior convictions or convictions that are of increasing seriousness. Vulnerable victim. ... Weapon. ... Hate crime. ... Harm. ... Major offense. ... Leadership and sophistication.
Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another 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. If a dangerous weapon is used in the threat, it becomes an ?aggravated assault.?
A mitigating circumstance is a factor that lessens the severity of an act or the actor's culpability for the action. Mitigating circumstances can be found in both criminal and civil cases and may be used to justify a reduction in the severity of the punishment or damages.
Typical examples of aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, and many others. See also: Mitigating Factor, Criminal Procedure, and the Death Penalty.
A mitigating factor, also called a mitigating circumstance or extenuating circumstance, is any fact or circumstance that lessens the defendant's severity or culpability of a criminal offense. Unlike justification or excuse defenses, mitigating factors only affect the defendant's sentence.