Battery is the intentional touching of another individual in an angry or aggressive manner. This can include something as minor as grabbing someone’s arm to something more extreme such as assaulting an individual with a weapon. Ultimately, an aggravated battery charge is serious and can result in severe penalties. Keep reading to learn more about the crime, penalties and defenses.
Aggravated Battery in Florida
Under Section 784.045 of the Florida Statutes, aggravated battery occurs when a defendant intentionally touches or strikes another individual and in doing so:
– Intentionally causes great bodily harm, permanent disability or permanent disfigurement
– Used a deadly weapon
– Knew the victim was pregnant
What Is Considered a Deadly Weapon?
Aggravated battery with a deadly weapon is a serious charge, but what is considered a deadly weapon? Although it varies on a state-by-state basis, a deadly weapon is typically considered any object that can cause great bodily harm or death. This includes obvious weapons such as guns and knives, but it can also include items like rocks, bricks or even a boot if it were used in a manner in which would cause great bodily harm.
Aggravated Battery Penalties in Florida
In Florida, aggravated battery is typically classified as a second-degree felony. Because it is a serious charge, the penalties can be severe and include up to 15 years in prison or 15 years of probation and as much as $10,000 in fines.
The penalties for this type of battery charge can increase substantially if the offense included a possession or discharge of a firearm. Because of Florida’s 10-20-Life Law, additional penalties can range from a minimum of 10 years in prison to 25 years in prison.
Aggravated Battery Defenses
There are numerous possible defenses to an aggravated battery charge, depending on the specifics of the case. The most common defenses to the crime are:
– Defense of Others
– Stand Your Ground
– Mutual Combat
– Lack of Intent
Battery Lawyers in Pasco County Will Defend Your Legal Rights
An aggravated battery charge is serious and should not be take lightly. If you have been accused of this and are facing charges, talk to an attorney right away. The attorneys of Proly, Laporte & Mulligan, have the necessary experience to guide you through this trying time. For more information, contact us or schedule a free consultation today.