What is the Crime of Aggravated Battery in Florida?
A person can commit the crime of aggravated battery in one of three ways in Florida. If a person, while committing the crime of battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or
2. Uses a deadly weapon; or
3. If a person who was the victim of a battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant, then the offender may be guilty of the crime of aggravated battery.
The crime of aggravated battery is a second-degree felony which is punishable by up to 15 years in prison.
However, deciding whether someone's actions actually constitute the crime of aggravated battery can sometimes be quite difficult as the case of Nguyen v. State of Florida illustrates.
In that particular case, Mr. Nguyen was charged, among other things, with the crime of aggravated battery causing great bodily harm, permanent disability, or permanent disfigurement to the victim or, alternatively, by using a deadly weapon which happened to be an electric stun gun.
The First District Court of Appeal began its analysis with the observation that proving great bodily harm requires more than slight, trivial, minor, moderate, or some harm. In Mr. Nguyen's case, the victim testified that it hurt when she was shot with the stun gun and that it caused her to lie down. In addition, a police officer testified that he saw burn marks on the victim after he arrived on scene. Significantly, however, no evidence was presented that the victim required medical treatment for her burns or that she had any lasting negative effects or scars from being shot with a stun gun. The Court of Appeal therefore concluded that there was not enough evidence to convict Mr. Nguyen of the crime of aggravated battery by causing great bodily harm.
However, that did not end the Court's analysis since it still had to decide whether Mr. Nguyen was nonetheless guilty of committing the crime of aggravated battery because he had used a deadly weapon.
The Court defined a "deadly weapon" as:
1. Any instrument which, when it is used in the ordinary manner contemplated by its design and construction will or is likely to cause great bodily harm; or
2. Any instrument likely to cause great bodily harm because of the way it is used during a crime.
In Mr. Nguyen's case, the appellate court ruled that the prosecution failed to present any evidence that a stun gun qualifies as a deadly weapon by its ordinary use. Additionally, the evidence was insufficient to prove that the stun gun used by Mr. Nguyen constituted a deadly weapon based upon the way that he used it against the victim. Accordingly, there was also not enough evidence to convict Mr. Nguyen of the crime of aggravated battery for using a deadly weapon.
I was attacked by a a man at a gas station, I had never met this man who was the ex of a woman I was dating at the time. the man attacked me with a 2x4 from behind as I was trying to run from him, the officer only charged him with simple battery, and I feel that it doesn't fit the crime. do yo feel this is the right charge? and if not what ca I do about this matter?
Attorney Chapman's response:
File a report at the police department stating that you are not satisfied with the action taken by the officer.