Introduction to Aggravated Battery in Florida
- June 19th, 2023
- Bruce Denson
- Comments Off on Introduction to Aggravated Battery in Florida
If you have any familiarity with criminal law, you’ve likely heard of battery. The crime of battery is defined as actually and intentionally touching another person or causing them bodily harm. Aggravated battery, however, is a more severe crime. So what is aggravated battery in Florida?
Simply put, aggravated battery causes great harm to an individual, often resulting in lifelong consequences.
Due to the severity of the crime, a conviction could mean serious penalties, including up to 15 years in prison and hefty fines. Additional factors can also result in more stringent sentencing.
If you’re facing charges of aggravated battery, a criminal defense attorney can give you the best opportunity to reach a favorable outcome. Contact a lawyer as soon as possible to begin working on your defense.
Understanding Aggravated Battery in Florida
The legal definition of aggravated battery is similar to that of simple battery but to a higher degree.
Aggravated battery in Florida is defined as intentionally touching or striking another person, but also:
- Intentionally and knowingly causing “great bodily harm,” permanent disfigurement, and/or permanent disability to the alleged victim; or
- Using a deadly weapon; or
- Battering an alleged victim that an offender knows or should have known was pregnant at the time
To prove an individual committed aggravated battery, the prosecution must establish the two required elements of the crime beyond a reasonable doubt. They must prove that the defendant:
- Intentionally touched or struck an individual against the person’s will, or intentionally caused the individual great bodily harm; and
- When committing the crime, caused permanent disfigurement or permanent disability, or used a deadly weapon
Additionally, if the prosecution is attempting to prove you used a deadly weapon, it must actually be a weapon that is included under the legal definition. In Florida, a “deadly weapon” is a weapon that is used in a way that would probably cause great bodily harm or death.
Penalties for Aggravated Battery in Florida
Typically, the penalties for this crime include prison time for up to 15 years, probation for up to 15 years, and up to $10,000 in fines.
The penalties for aggravated battery can be serious.
Still, under certain circumstances, consequences for aggravated battery can be even worse. For example, if the defendant possesses or discharges a firearm during the commission of the crime, Florida’s 10-20-Life law will come into play upon a conviction. This means the imposition of mandatory sentences, which could include:
- Minimum of 10 years imprisonment for the possession of a firearm during the crime
- Minimum imprisonment of 15 years if a semiautomatic firearm or machine gun was in the defendant’s possession at the time of the crime
- Minimum imprisonment of 20 years if a firearm was discharged during the crime
- Minimum imprisonment of 25 years if the defendant discharged a firearm during the crime, resulting in great bodily injury or death
The severity of the potential penalties imposed for aggravated battery is enough to seriously threaten a person’s life and future.
Is Aggravated Battery a Felony in Florida?
Many people wonder, “Is aggravated battery a felony in Florida?” The answer is yes. In Florida, the crime of aggravated battery is considered to be a second-degree felony.
The penalties imposed for aggravated battery are influenced by the fact that the crime is considered a felony. Felonies are more serious crimes than misdemeanors and typically result in greater consequences.
Aggravated Battery Defenses in Florida
Getting convicted of aggravated battery in Florida requires the prosecution to successfully prove you committed the crime. When you hire a criminal defense attorney, they can create a feasible defense on your behalf.
A strong defense is often enough to avoid conviction, get a reduced sentence, or even drop the charges altogether.
Numerous defenses may be available to help fight against the prosecution’s case. The best defense for you depends on the details of your case.
Some of the defenses commonly used for aggravated battery cases include:
- You were acting in self-defense
- You were defending someone else
- The object the state is trying to prove was a deadly weapon is not actually a deadly weapon
- The contact made with the alleged victim was not intentional but rather accidental
- The victim did not identify the wrong person, as you have a valid alibi
- The other party consented to the contact
- There was a lack of intent to touch or cause harm
A strong defense can make all the difference in the result of your case. Fortunately, a skilled criminal defense attorney can thoroughly review the details of your charges to produce a great defense for you.
Why You Need an Aggravated Battery Attorney in Florida
If you’re facing charges of aggravated battery in Florida, you should first contact an experienced criminal defense attorney. A defense lawyer has the knowledge, skills, and resources to help you understand charges and potential consequences, explain your rights, and build your case with a powerful defense.
Because charges for aggravated battery in Florida are serious, they should always be taken seriously.