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Aggravated Battery

Pursuant to Florida Statute 784.045 Aggravated battery occurs when a person who, in committing battery, intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement or uses a deadly weapon.

A person can also commit an aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

Elements

To prove the crime of Aggravated Battery, the State must prove the following two elements beyond a reasonable doubt.  The first element is a definition of battery.

  1. The accused intentionally touched or struck the alleged victim against his or her will intentionally causing bodily harm to the alleged victim.
  2. The accused in committing the battery:
    1. intentionally or knowingly caused great bodily harm to the alleged victim or permanent disability to the alleged victim or permanent disfigurement to alleged victim
    2. or used a deadly weapon.

OR

  1. The accused intentionally touched or struck the alleged victim against his or her will intentionally causing bodily harm to the alleged victim.
  2. The alleged Victim was pregnant at the time.
  3. The accused in committing the battery knew or should have known that the alleged victim was pregnant.

A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.

Penalties

Aggravated Battery is a second degree felony punishable by up to 15 years in Florida State Prison.

Florida has several types of battery crimes:

  1. Misdemeanor Battery,
  2. Domestic Battery by Strangulation,
  3. Domestic Violence Battery,
  4. Battery on a Law Enforcement Officer,
  5. Felony Battery

For a free consultation to see how David J. Sobel can defend you, contact Mr. Sobel at 954-383-3000.  You will be able to speak directly with Mr. Sobel 24/7.