If you are facing an aggravated battery charge in Jacksonville, it is essential you have an experienced Duval County criminal defense attorney by your side. 

 

In Florida, aggravated battery is a more serious form of battery that involves specific circumstances, such as causing serious bodily injury or using a deadly weapon. It is defined under Florida Statutes § 784.045.

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Definition of Aggravated Battery:

Aggravated battery occurs when a person:

1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement to another person during a battery.

2. Uses a deadly weapon while committing a battery. A deadly weapon can be any object that is capable of causing serious harm or death, such as a firearm, knife, or blunt object.

3. Batters a person whom they know or should know is pregnant. This automatically elevates a battery charge to aggravated battery, regardless of the degree of injury or use of a weapon.

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Penalties for Aggravated Battery in Florida:

Aggravated battery is classified as a second-degree felony in Florida. The penalties can include:

Prison Time: Up to 15 years in prison.

Probation: Up to 15 years of probation.

Fines: Up to $10,000 in fines.

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Mandatory Minimum Sentences:

If a firearm is used during the commission of an aggravated battery, Florida’s “10-20-Life” law may apply, similar to aggravated assault:

10 years: If a firearm is possessed during the battery.

20 years: If the firearm is discharged.

25 years to life: If someone is injured or killed as a result of the firearm being discharged.

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Defenses to Aggravated Battery:

Possible defenses to an aggravated battery charge in Florida may include:

Self-defense: Arguing that the defendant acted to protect themselves or others.

Defense of others: Justifying the use of force to protect another person.

Lack of intent: Claiming that the injury was accidental and not intentional.

Consent: In rare cases, the defense might argue that the alleged victim consented to the contact.

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Aggravated Battery vs. Simple Battery:

Simple Battery: Involves intentionally touching or striking another person without consent and causing harm or injury. It is typically a first-degree misdemeanor.

Aggravated Battery: Involves more serious circumstances, such as causing severe injury, using a deadly weapon, or battering a pregnant person.

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Aggravated battery is a severe offense, and convictions can have significant long-term consequences, including imprisonment and a permanent criminal record. Legal representation is crucial for anyone facing this charge.

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If you are charged with a Jacksonville Aggravated Battery offense in Duval County contact our office.  Consultations are always free and always confidential.