Aggravated Battery (Without Pregnant Victim)
Aggravated Battery is the crime of Battery that either results in great bodily harm or is performed using a deadly weapon. Aggravated Battery on a Pregnant Victim is any Battery committed on a Pregnant Victim.Definition of Aggravated Battery in Florida
The crime of Aggravated Battery, as defined by § 784.045, Florida Statutes, is a crime in which one person commits Battery on another person causing great bodily harm to that person, or in which one person commits a Battery on another person using a deadly weapon.
The State’s attorney must prove beyond a reasonable doubt that the defendant is guilty of the crime of Aggravated Battery by establishing that both of the following elements of the crime of occurred:
Penalties for Aggravated Battery in Florida
(1) The defendant actually and intentionally touched or struck another person against the other person’s will.
This means the State of Florida must prove that the defendant made intentional physical contact with another person. While nobody can read minds, intent can be inferred by evidence surrounding the crime.
(2) The defendant actually and intentionally committed at least one of the following: (a) caused great bodily harm, permanent disability, or permanent disfigurement to the victim, or (b) used a deadly weapon
This means the State of Florida must prove that when the defendant made the intentional physical contact the defendant intended to cause great bodily harm, or that when the defendant made the intentional physical contact the defendant used a deadly weapon.
Aggravated Battery is a second degree felony punishable by a term of imprisonment of up to 15 years, and up to $10,000 in fines, as provided in § 775.082 or § 775.083, Florida Statutes.
When a firearm is used, the penalty increases substantially to a minimum prison term of 10 years. If the firearm is a semi-automatic firearm or a machine gun, the penalty is a minimum prison term of 15 years. If the firearm is discharged, the penalty is a minimum prison term of 15 years. If the firearm discharge results in great bodily harm or death, the penalty is a minimum prison term of 25 years.
The court also may sentence a habitual felony offender to a term of imprisonment not exceeding 30 years, as provided in § 775.084, Florida Statutes.
Finally, there are a host of potential lifelong consequences to both your civil rights, as well as your personal and professional opportunities.Defenses to Aggravated Battery in Florida
Aggravated Battery is a violent crime and a serious criminal offense. Under Florida law, the defense for an aggravated battery depends on the specific circumstances, and may include:
- Self defense or defense of other(s)
- Stand Your Ground
- No intention to make physical contact to harm another person
- No intention to cause bodily harm, disability or disfigurement
- Consent, such as a fight or match in which both parties consented to the fight and consented to the possibility of bodily harm.
- Deliberately and repeatedly punching and/or kicking another person causing that person great bodily harm
- Attacking and making physical contact with another person using a deadly weapon or object that can cause great bodily harm
- Shooting another person with a firearm
- Seriously wounding another person with a knife or sharp instrument
- Any physical contact with the intent to do harm that results in serious physical injury, such as loss of or serious injury to a limb or bodily organ, or injuries requiring surgery and/or a long rehabilitation period
- Any physical attack resulting in permanent disfigurement, such as scarring
- Any physical attack that involves contact with a pregnant woman
If you have been charged with the crime of Aggravated Battery in Broward, Palm Beach, or Miami-Dade County, you need to speak with a criminal defense attorney right away to ensure your rights are protected. The Law Office of Sean Clayton, P.A., can help you better understand your situation and your options. Contact us today for your free consultation.