North Dakota Demand for Notice of Aggravating and for Disclosure of Evidence Supporting Mitigating Circumstances
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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.
Aggravating factors can include: Previous conviction(s), particularly for serious offences. Evidence of prior planning. More serious harm was intended than actually resulted. The offence was committed as part of an organized criminal group. The offence was motivated by financial or material gain.
Examples of aggravating circumstances in capital cases include murders where two or more victims are killed, murders of vulnerable victims (children or elderly people), murders for hire, murders committed in a cruel or heinous manner (torture), and murders of police officers.
Aggravating factors are typically laid out by statute and vary depending on the jurisdiction and specific underlying offense. 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.
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.?
Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime. Recognition of particular aggravating circumstances varies by jurisdiction.
Mitigating circumstances are factors that, while not excusing the crime, can provide some context that may reduce your sentence. Examples of mitigating circumstances include: Playing a Minor Role: If you played a minor or minimal role in the crime, this could prompt the judge to adjust your sentence downward.
