What is an Aggravated Battery Charge?
In Florida, Aggravated Battery is the intentional touching of another person with the intent to inflict great bodily harm or to use a deadly weapon. Penalties for the offense include mandatory prison, with a maximum sentence of up to 15 years or more, depending on the application of Florida’s 10-20-Life law.
The crime of Aggravated Battery is Florida Statute Section 784.045, Florida Statutes. Under the law, Aggravated Battery occurs where a defendant intentionally touches or strikes another person and, in doing so:
- Intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim; or
- Used a deadly weapon; or
- Battered a person whom the defendant knew or should have known was pregnant.
A prosecutor must prove beyond a reasonable doubt that the defendant intentionally struck the victim and intentionally caused bodily harm or permanent disability while committing battery.
Under Florida law, Aggravated Battery is generally classified as a second-degree felony. Thus, the penalties can include up to 15 years in prison or 15 years of probation and up to $10,000.00 in fines.
A deadly weapon is considered to be anything used to threaten or produce bodily harm or death.
Sentencing for Offenses Involving the Possession of a Firearm
An aggravated battery charge carries severe penalties, which significantly increase when the crime involves the possession of a firearm. Crimes involving the possession of a firearm will mandate Florida’s 10-20-Life Law upon conviction.
- Possession of a Firearm t- Minimum term of imprisonment of 10 years.
- Possession of a Semi-Automatic Firearm or Machine Gun - Minimum term of imprisonment of 15 years.
- A Firearm being Discharged - Minimum term of imprisonment of 20 years.
- A Firearm Discharged and Death or Great Bodily Harm - Minimum term of imprisonment of 25 years.
Possible Defenses to Aggravated Battery
The defense available differs depending on the case. Each case has different circumstances. Below are available defenses available to contest a charge of Aggravated Battery in Florida.:
- Stand Your Ground;
- Defense of Others;
- Consent or Mutual Combat;
- Lack of intent to touch or strike;
- No intention to cause great bodily harm, disfigurement, etc.;
- The instrument or object used during the incident is not a “deadly weapon” within the statute's meaning.
Why You Need an Experienced Defense Attorney if You Have Been Charged With Aggravated Battery
The penalties for aggravated assault are harsh. If you have been accused of or charged with aggravated battery, contact attorney Ronald Chapman to discuss your case and see how I might be able to help you. Since the penalties can be harsh when convicted on an aggravated battery charge, it is important to have an experienced Criminal Defense Attorney by your side in court if you are accused of aggravate battery.
Defense Attorney West Palm Beach
Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help. Schedule your FREE Consultation! Call (561) 832-4348 or visit his website.
Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.
Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
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