What Makes a Crime “Aggravated”?

Common aggravated offenses include drug trafficking and aggravated assault.

Usually, aggravated simply means worse. Sometimes, aggravated could refer to mens rea (criminal intent). A crime is aggravated if the defendant intends the conduct and the result. Aggravated assault is a good example. In these cases, the defendant usually intends the conduct (hitting someone) and the result (seriously injuring the person). More on that below.

In practical terms, “aggravated” elevates a misdemeanor to a felony, at least in most cases. Generally, prosecutors file the worst charges the facts might possibly support. Therefore, if there is any hint of aggravation in a police report, aggravated criminal charges usually follow suit. As a result, the evidence supporting the aggravation is often weak in these cases, making it easier for a Fort Worth criminal defense lawyer to successfully resolve them.

Murder

Basically, murder is aggravated manslaughter. Murder is an intentional killing; manslaughter is an unintentional killing. Murder also illustrates the specific intent doctrine.

Usually, voluntary intoxication is not a defense in criminal court. However, a Fort Worth criminal lawyer could use it as a defense to murder, aggravated assault, or another specific intent crime. As a matter of law, intoxicated individuals don’t have the mental capacity to intend the conduct and the result. That’s why DUI collision cases are almost always manslaughter cases at most, no matter how bad the collision was or how drunk the defendant was.

Drug Crimes

Distribution and drug-free-zone enhancements are the most common aggravated drug crimes in the Lone Star State.

Basically, drug distribution means drug possession above and beyond personal use. The quantity of seized drugs could support a distribution enhancement. Additional circumstantial evidence, such as cash and weapons, could be needed.

Incidentally, the drug distribution aggravation could hold up in court even if no money changes hands. Rick could be charged with drug trafficking if he gives a leftover Vicodin to a neighbor.

A drug-free zone is an area designated by federal or state law to enforce drug laws more harshly than in other locations. If the police catch you with illegal drugs in a drug-free zone, you can face harsher penalties, including higher fines and lengthier prison sentences.

Drug-free zones in Texas include any location within 1,000 feet of school property, a youth center, or a playground and any location within 300 feet of a public swimming pool, video arcade, or a school bus.

The enhancement does not apply if the crime happens in a private residence, no children under 18 were present at the time, or no money changed hands.

Assault

We mentioned the most common kind of aggravated assault case above. The state could also enhance assault charges if the defendant allegedly used a deadly weapon or attacked someone in a protected class.

A deadly weapon could be almost anything, such as a frying pan, golf club, coffee cup, or any other object that could conceivably cause serious bodily injury. Older people and public officials are the most common protected classes in Texas.

DUI

Some “aggravated” DUI charges, like possession of an open container, are actually separate offenses in Texas. Prior convictions, a collision, and a child passenger are the most common DUI aggravations in Texas.

Many of these cases are criminal-civil crossover cases. DUI collision cases often spawn personal injury cases in civil court. Child passenger DUIs often lead to child endangerment charges in civil or criminal court

Connect With a Thorough Tarrant County Lawyer

Criminal offenses have serious direct and collateral consequences. For a confidential consultation with an experienced criminal defense attorney in Ft. Worth, contact the Law Office of Kyle Whitaker. Virtual, home, and jail visits are available.