Condition | Generic | Qualifying |
1.) Increase of Penalty | To max period without exceeding the limit | Gives the crime proper name; Place the author of the crime in a situation where there is no other penalty that applies but that which is provided by the law |
2.) Offset by mitigating | May be compensated by mitigating | Cannot be offset |
3.) Alleged in the information | May not be | Must be alleged; If not, becomes generic |
4 Kinds of Aggravating Circumstances
- Generic – generally applies to all crimes
- Specific – applies to particular crimes only
- Qualifying – changes the nature of the crime
- Inherent – necessary company to the crime