Aggravated Battery can be committed in ay of three (3) ways at law. For the first two, Florida Statute 784.045(1)(a) defines the crime of Aggravated Battery is an intentional battery using a deadly weapon or an intentional battery where one intentionally causes great bodily harm, permanent disability, or disfigurement. For the third way, often called Aggravated Battery on a Pregnant female, Florida Statute §784.045(1)(b) defines as any Battery where the victim is pregnant and the accused knew, or should have known, the victim was pregnant.
Aggravated Battery under Florida Law is considered a violent crime and is a second degree felony, punishable by imprisonment for up to 15 years. In certain circumstances, the crime can be enhanced to a first degree felony where the victim enjoys a protected status, like being a law enforcement officer performing a lawful duty.
DEFINITION OF AGGRAVATED BATTERY IN FLORIDA
The crime of aggravated battery as defined by § 784.045 is battery where the accused intended to cause great bodily harm, physical disability, or permanent disfigurement; or when the defendant uses a deadly weapon to commit the battery. A “deadly weapon” is any weapon that is used in a manner likely to cause death or serious bodily injury. Aggravated Battery on a pregnant Victim is any battery if the defendant knew or should have known the victim was pregnant.
The State Attorney’s Office must prove the defendant is guilty of Aggravated Battery by establishing the following elements:
(1) The defendant actually and intentionally touched or struck another person against the other person’s will.
(2) The defendant actually and intentionally:
(a) Caused great bodily harm, permanent disability, or permanent disfigurement to the victim,
(b) Used a deadly weapon
If the defendant has been charged with Aggravated Battery on a Pregnant Victim, the State’s attorney must prove the following elements:
(1) The defendant actually and intentionally touched or struck the pregnant victim.
(2) The defendant knew or should have known the victim was pregnant.
If you have been charged with Aggravated Battery in South Florida, 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. Call today for your free consultation.
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:
(1) Self-defense or defense of other(s)
(2) Stand Your Ground
(3) No intention to make physical contact to harm another person
(4) No intention to cause bodily harm, disability, or disfigurement
(5) Consent, such as a fight or match in which both parties consented to the fight and consented to the possibility of bodily harm.
(6) Lack of knowledge of pregnancy
PENALTIES FOR AGGRAVATED BATTERY IN FLORIDA
Under § 784.045, 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.
The penalties increase substantially for the use of a firearm with a minimum prison term of 10 years; a semi-automatic firearm or machine gun with a minimum prison term of 15 years; discharge of a firearm with a minimum prison term of 20 years; and a firearm discharged resulting in great bodily harm or death with 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.
If you or a loved one has been accused of a crime of Assault or Aggravated Battery, we can help. We will gladly meet with you in our office in Fort Lauderdale, Orlando, or West Palm Beach. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Call us now for your free consultation.
RELATED OFFENSES TO AGGRAVATED BATTERY IN FLORIDA
(2) Aggravated Assault
(4) Felony Battery
(5) Domestic Battery
(6) Battery on a person 65 Years of Age or Older