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Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself".
Aggravated assault In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result ...
, for example, is usually differentiated from simple
assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...
by the offender's intent (e.g., to
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
or to
rape Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
), the extent of injury to the victim, or the use of a
deadly weapon A deadly weapon, sometimes dangerous weapon (although some jurisdictions differentiate between the two) or lethal weapon, is an item that can inflict mortal or great bodily harm. By statutory definition, certain items, especially firearms, are d ...
. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt. In the UK, the
Criminal Justice Act 2003 The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland a ...
requires a court to consider (a) relevant previous convictions, (b) racial or religious aggravation, and (c) hostility towards the victim or to persons generally based on
sexual orientation Sexual orientation is an enduring personal pattern of romantic attraction or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. Patterns ar ...
(or presumed sexual orientation) or
disability Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, d ...
(or presumed disability) when determining sentence for a conviction. The antonym of aggravation is
mitigation Mitigation is the reduction of something harmful that has occurred or the reduction of its harmful effects. It may refer to measures taken to reduce the harmful effects of hazards that remain ''in potentia'', or to manage harmful incidents that ...
. In
canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
, "aggravation" was a form of
censure A censure is an expression of strong disapproval or harsh criticism. In parliamentary procedure, it is a debatable main motion that could be adopted by a majority vote. Among the forms that it can take are a stern rebuke by a legislature, a sp ...
, threatening
excommunication Excommunication is an institutional act of religious censure used to deprive, suspend, or limit membership in a religious community or to restrict certain rights within it, in particular those of being in Koinonia, communion with other members o ...
after three disregarded admonitions.


References


See also

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Hate crime Hate crime (also known as bias crime) in criminal law involves a standard offence (such as an assault, murder) with an added element of bias against a victim (individual or group of individuals) because of their physical appearance or perceived ...
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Mitigating factor In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sente ...
Criminal law Hate crime Tort law {{criminal-law-stub