Aggravated Battery occurs when one person intentionally touches or strikes another person and causes great bodily harm or permanent disability or disfigurement; or uses a deadly weapon during the commission of a battery; or if the victim is pregnant at the time of the battery.
Aggravated Battery is a second degree felony, punishable by up to fifteen (15) years in prison, a fine of up to $10,000 and probation. Aggravated Battery is considered a level 7 offense under Florida’s current prison scoring system, this means that if a person is convicted of aggravated battery they will be sent to prison for a minimum of 21 months. Aggravated battery is a very serious allegation with very severe consequences that is why it is important to retain an experienced attorney.
Just like aggravated assault the penalties for aggravated battery are enhanced when a firearm is involved. If a firearm is simply possessed during an aggravated battery there is a minimum mandatory of ten (10) years in prison, when a firearm is discharged during an aggravated battery there is a minimum mandatory of twenty (20) years in prison and when a firearm is discharged and causes death or great bodily harm there is a minimum mandatory of twenty-five (25) years in prison.
Great bodily harm refers to more than minor injuries, such as minor bruises. Great bodily harm means, broken bones, cuts that require medical attention like stitches, and injuries that require surgery or hospitalization. A defendant may be ordered to pay restitution for a victim’s medical expenses as a result of an aggravated battery.
There are several defenses to aggravated battery along with the possibility that the prosecution may not be able to prove the required intent. If it is not possible to get the case dismissed, an experienced attorney may be able to negotiate a plea to a lesser charge. An experienced attorney can also prepare the case for trial, using defenses like self defense and the defense of others, depending on the facts and circumstances of the case. In Florida, you are allowed to defend yourself and others in certain situations. Additional defenses include, consent, that the weapon used is not a “deadly weapon” under the statute and that the victim did not suffer great bodily harm as defined under the statute. When dealing with aggravated battery of a pregnant person, it is a defense that the defendant was unaware the victim was pregnant.
Due the serious nature of the allegation of aggravated battery and the severe consequences imposed by the State of Florida if convicted, it is extremely important to have an experienced attorney. If you or a friend or family member have been arrested for Aggravated Assault or Aggravated Battery, regardless of whether the crime allegedly occurred in Melbourne, Palm Bay, Cocoa, Cocoa Beach, Merritt Island, Titusville, Rockledge, Cape Canaveral, Satellite Beach, Indian Harbour Beach, West Melbourne, Melbourne Village, Melbourne Beach, Indialantic, Palm Shores, Grant-Valkaria, Mims, or anywhere else in Brevard County, contact me to immediately schedule your free consultation.