Orlando Aggravated Battery Defense Attorneys
What is Aggravated Battery in Florida?
Aggravated Battery is basically defined as intentionally striking another with a weapon, or causing great bodily harm, or if the battery was to a pregnant person.
What is the legal definition of Battery?
Battery or simple battery is defined by Florida Statutes 784.03:
- Actually and intentionally touches or strikes another person against the will of the other; or
- Intentionally causes bodily harm to another person.
What is the legal definition of Aggravated Battery?
Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and:
- Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
- Uses a deadly weapon.
It is also considered aggravated battery when the individual who was the victim of battery is pregnant at the time of the battery.
Penalties for Aggravated Battery
While simple battery is considered a misdemeanor under the law, aggravated battery is considered a second-degree felony which is punishable by up to 15 years in prison, 15 years probation, or a $10,000 fine.
While firearms are considered deadly weapons for the sake of the statute defining aggravated battery, the presence of a firearm during an aggravated battery triggers mandatory minimum sentences under Florida’s 10-20-Life Statute. These are:
- 10-year minimum for possession of a firearm during a battery
- 20-year minimum for the discharge of a firearm during a battery
- 25-year minimum if anyone is injured or killed with the firearm
Additionally, a charge of aggravated battery can be amplified to a first-degree felony if they committed aggravated battery on:
- A law enforcement officer (LEO)
- Some 65 years of age or older
- A public official
- A corrections officer
Elements of an Aggravated Battery Prosecution
For the prosecutor to successfully convict on a battery charge, they must be able to prove that the defendant
- intended to harm the person on whom they touched or struck
- the battery was against the will of the victim
- The Battery intentionally or knowingly caused great bodily harm, permanent disability or permanent disfigurement or used a deadly weapon
Defenses to Aggravated Battery
Consent is one of the main points of contention in an aggravated battery charge. The prosecution must prove that the Battery was not consensual. Mutual combat is a type of consent defense since the victim is technically agreeing to the fight. In order to raise a “mutual combat” defense against a battery or aggravated battery charge, the defendant must be able to show that they did not instigate the fight or that they were not the primary aggressor.
There is an implied intent to harm, annoy, or otherwise cause distress in an Aggravated battery charge. This cannot be a simple act of negligence. If someone attempts to help someone else, but that individual does not consent to the help, that cannot be charged as battery. Hence, insufficient intent is a defense to battery.
Lastly, someone charged with aggravated battery can raise self-defense as a defense to the charges. Florida Statute 776.012 indicates that “a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.”
Talk to an Orlando Aggravated Battery Attorney
If you have been charged with aggravated battery, you can face up to 30 years in prison. Call Moses & Rooth today and allow us to begin preparing your defense immediately.
Aggravated Battery Resources:
Florida Statutes 784.03 – defines Battery
Florida Statutes 784.045 – defines Aggravated Battery
Jury Instructions for Battery related Offenses (Aggravated Battery 8.4)
Florida Statute 776.012 – Justifiable Use of Force