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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".
Aggravating circumstances (3 to 15 years): a) by two or more persons together; b) by a person in possession of a gun or a narcotic substance; c) by a masked or disguised person; d) against a person who cannot defend his or herself; e) in a public place; f) in a public transportation vehicle; g) during nighttime; h) during a natural disaster; i ...
Licensee – A person who is on the property of another, despite the fact that the property is not open to the general public; historically, emergency workers have been considered licensees. Invitee – A person who is invited to the land by the possessor of the land, either as a guest or to conduct business.
In order for a person to be found guilty of this crime, the evidence must prove that the defendant uttered a profanity (the act) in a public place (the contextual attendant circumstance) with the intention of provoking a violent reaction (the mental element demonstrating the right type of culpability) and thereby causes a breach of the peace ...
In criminal law, the intoxication defense is a defense by which a defendant may claim diminished responsibility on the basis of substance intoxication.Where a crime requires a certain mental state (mens rea) to break the law, those under the influence of an intoxicating substance may be considered to have reduced liability for their actions.
Property is "on the victim's person" if the victim is actually holding the property, or the property is contained within clothing the victim is wearing or is attached to a victim's body such as a watch or earrings. [25] Property is in a person's presence when it is within the area of their immediate control.
Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. They are usually analysed by division into the following categories: Fatal offences; Sexual offences; Non-fatal non-sexual offences