Aggravated battery is a serious offense in Florida. It is often referred to as a violent felony, and it is punishable by a long prison sentence and a heavy fine. If you are accused of aggravated battery, it is in your best interest to contact a criminal defense attorney immediately. When you are charged with aggravated battery, the state will have to prove that you caused serious bodily harm or injury to another person.
What is Aggravated Battery?
According to the Florida Statutes, section 784.045, a person commits aggravated battery when they intentionally cause bodily harm, permanent disability or disfigurement, or uses a deadly weapon against someone else.
- The victim must have suffered serious bodily injury,
- The injury must have been caused by the use of a dangerous weapon
- The defendant must have used the weapon in a manner that caused the victim serious bodily injury, death, or still worse, disfigurement.
Additionally, a person can be charged with aggravated battery if the victim of the battery was pregnant at the time.
What are the Penalties of Aggravated Battery?
An aggravated battery is a very serious charge. In Florida, aggravated battery is classified as a second degree felony. If you are found guilty, you will face a prison sentence of up to 15 years or 15 years on probation. Because of the severity of the crime, you will be required to pay a fine of up to $10,000. In addition to the prison sentence and fine, you will be ordered to pay restitution to the victim.
What does aggravated battery with a deadly weapon mean in Florida?
Aggravated battery with a deadly weapon is defined as the use of a weapon that is likely to cause the other person serious bodily injury or death.
10-20-Life Firearm Enhancement
The 10-20-Life Law is a Florida sentencing enhancement that allows a judge to impose a mandatory minimum prison sentence of at least 10 years if the defendant is convicted of certain firearm offenses, and at least 20 years if the defendant is convicted of certain firearm offenses and one other felony. According to this law, the courts must impose the mandatory minimum sentences
What Must the Prosecution Prove in an Aggravated Battery Case?
If you are charged with an aggravated battery case, the prosecution must prove:
- That the defendant intentionally performed acts that were likely to cause serious bodily injury or death and
- That the acts caused serious bodily injury or death,
- That the defendant was armed or that the defendant used a deadly weapon,
- That a victim suffered serious bodily injury or death,
- That the defendant caused the victim’s injury, and 6) that the defendant knew that the victim was injured.
Defenses to Aggravated Battery
The most common defenses to the aggravated battery are self-defense and defense of others. If you were defending yourself or someone else from an assault, you may be able to raise the case of self-defense or defense of others. Self-defense is a defense to a charge of aggravated battery if you were defending yourself or someone else from an assault. You may also be able to raise a defense of others if someone else was committing a battery and you were defending that person.
Other common defenses include:
- Stand your ground laws
- Lack of intent to strike or harm another person
- Mutual combat or agreed consent between the two parties
- The object used in the attack was not a “deadly weapon” as defined by Florida’s statutes
Regardless of these defenses, it’s still important to contact a criminal defense attorney for your specific case.
Contact a Criminal Defense Lawyer
A criminal defense lawyer can help you protect your rights and freedom by helping you understand the criminal justice system, evaluating your case and your defenses, and by advising you of your rights in court. If you are being charged with a criminal offense, a lawyer can advise you about your rights, and the best way to protect them.
At Hanlon Law, our legal team is skilled in defending cases of aggravated battery. If you or someone you know has been charged with this crime, don’t hesitate to reach out to our team. Contact us today to set up a free consultation, and allow us to advocate for your rights.
1605 Main St Ste 1115
Sarasota, FL 34236