Aggravated Battery
Aggravated Battery charges can often arise from heated arguments, misunderstandings, or situations where self-defense may apply. A conviction can result in up to 15 years in prison and a $10,000 fine. If you've been charged with Aggravated Battery, time matters. Contact our office today for a free, confidential consultation with an experienced criminal defense attorney and start building a strong defense.
What is Aggravated Battery in Florida?
Battery occurs when a person: (1) actually and intentionally touches or strikes another person against their will; or (2) intentionally causes bodily harm to another person.
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Aggravated Battery occurs if, in committing a battery, a person (1) intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (2) uses a deadly weapon.
Potential Prison Time
Aggravated Battery is a 2nd degree felony, punishable by up to 15 years in Florida State Prison.
A conviction for Aggravated Assault can result in a fine of up to $10,000.
What Are The Elements Of Aggravated Battery?
To prove the crime of Aggravated Battery, the State must prove the following two elements beyond a reasonable doubt. The first element is a definition of Battery.
Give 1a or 1b or both as applicable.
1. (Defendant)
a. actually and intentionally touched or struck (victim) against [his] [her] will.
b. intentionally caused bodily harm to (victim).
Give 2a or 2b or both as applicable.
2. (Defendant), in committing the Battery,
a. intentionally or knowingly caused [great bodily harm to (victim)]. [permanent disability to (victim)]. [permanent disfigurement to (victim)].
b. used a deadly weapon.
Give only if 2b alleged.
A “deadly weapon” is any object that will likely cause death or great bodily harm if used or threatened to be used in the ordinary and usual manner contemplated by its design and construction.
Give if applicable.
An object not designed to inflict bodily harm may nonetheless be a “deadly weapon” if it was used or threatened to be used in a manner likely to cause death or great bodily harm.
Give if applicable.
“Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises.
Give only if applicable. Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013).
An intentional touching or striking includes situations where a defendant knows that a touch or strike is substantially certain to result from his or her act.
Give only if applicable. Clark v. State, 783 So. 2d 967 (Fla. 2001).
A battery may be found as a result of the intentional touching or intentional striking of something other than the actual body of the person. However, the object that is touched or struck must have such an intimate connection with the person that it is to be regarded as a part or as an extension of the person. [For example, in cases where a person intentionally drove into another occupied vehicle, it is for you to determine whether the vehicle that was struck should be considered as a part or as an extension of the person inside that vehicle. This determination may include consideration about whether the
person was “touched” through the force of impact by being jostled or otherwise
impacted through the transfer of energy from the collision.]
Justifiable Use of Force Defense
If you've been charged with aggravated battery in Florida, justifiable use or threatened use of force may be a viable defense depending on the specific facts of your case. Learn more here:
Call Now For A Free Consultation
Facing an Aggravated Battery charge can be stressful, confusing, and potentially life-changing. A conviction can result in you becoming a convicted felon, losing your right to possess firearms or vote. You can also face jail, prison, probation and hefty fines. If you’ve been charged with Aggravated Battery, understanding your rights and legal options is critical. Call now for a free, confidential consultation.
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