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Aggravated Battery

Whether it’s an argument gone wrong or just a misunderstanding, aggravated battery charges can lead to serious consequences. Don’t leave your future up to chance. Contact Hanlon Law in Kissimmee today to get started on your best possible defense. 


What is Aggravated Battery?


To define aggravated battery, we must first define battery itself. You’ve likely heard battery in conjunction with assault, as in “assault and battery.” Police procedurals often make this out to sound like one crime, but it’s actually two separate charges. Assault is specifically the threat of causing harm only, with no actual contact between the alleged perpetrator and alleged victim. 


Battery, on the other hand, is defined by Florida statute 784.03 as the intentional “touching or striking” of another person against their will. It’s important to note that contact can qualify as battery even if it causes no actual harm to the alleged victim, so something as simple as touching another person without their consent could lead to a battery charge.


If there is actual harm involved, the charge may be graduated to aggravated battery. Florida Statute 784.045 outlines the criteria for aggravated battery as intentionally touching or striking another person against their will, either:


  • Causing them great bodily harm, permanent disability, or permanent disfigurement, or
  • Using a deadly weapon


The statute also extends this definition to include the intentional touching or striking of a pregnant person (regardless of any actual harm caused or the use of a deadly weapon), assuming the alleged perpetrator either knew the alleged victim was pregnant, or could reasonably be expected to assume or realize they were pregnant. 


It’s important to note that the statute specifies the use of a deadly weapon, but does not require the discharging of said weapon. So, just threatening someone with a gun that you never actually fire could still lead to aggravated battery charges.


It’s also important to note that the law specifically uses the word “intentional.” Accidentally causing someone great harm during an altercation isn’t enough; you must actually intend to cause them harm in order for the charge to constitute aggravated battery. 


What Qualifies as Aggravated Battery?


The descriptors of “great bodily harm,” “permanent disability,” and “permanent disfigurement” are vague, and often left up to situational interpretation. This means that the prosecution might try to suggest something as simple as a small scar as “permanent disfigurement” in order to secure aggravated battery charges. 


The statute does define “deadly weapon” as any weapon that, if used, is likely to produce death or great bodily harm. However, this description is still incredibly vague, and leaves the prosecution lots of wiggle room to construe the situation to their advantage. For example, this broad definition has been used by prosecutions in the past to qualify simple objects, such as drinking glasses or even food items, as deadly weapons to secure an aggravated battery charge. 


That’s why it’s vital to have an experienced aggravated battery defense lawyer on your side to help you fight these interpretations. 


What are the Consequences of Aggravated Battery?


Generally speaking, aggravated battery is charged as a second-degree felony. As such, it’s punishable by any combination of up to 15 years in prison, 15 years of probation, and $10,000 in fines. The use of a firearm in an aggravated battery incident comes with a minimum sentence of 10 years imprisonment. 


However, certain aggravating factors can lead to enhanced sentencing. Many of those factors involve the level of involvement of firearms:


  • The firearm in question is a semi-automatic or machine gun: minimum increases to 15 years
  • The firearm is actually discharged during the commission of aggravated battery: minimum increases to 20 years 
  • The firearm is discharged during the commission of aggravated battery and, due to that commission, causes another person great bodily harm or death: minimum sentence increases to 25 years


How to Defend Against Aggravated Battery Charges


Despite the severe consequences of conviction, all hope is not lost. There are a variety of defenses against aggravated battery charges:


  • Self-defense or the defense of others (the assault in question was committed to protect yourself or to justifiably protect another/others)
  • Lack of intent: you did not actually intend to cause the alleged victim great bodily harm
  • Lack of intent to assault: you didn’t intend to touch or strike the alleged victim at all 
  • Provocation: an action or actions of the alleged victim reasonably spurred the assault in reaction
  • Lack of deadly weapon: the weapon in question does not constitute a “deadly” weapon 
  • Mutual Combat/Consent: the harm in question was caused during a situation of mutual combat or other consensual fight


Kissimmee Criminal Defense Lawyers


With so many defense strategies to choose from, and such vague descriptions written into law, it’s vital to have an experienced defense attorney in your corner to help you navigate the process. At Hanlon Law, our team brings nearly two decades of experience to the table. We’ll take advantage of every opportunity to advocate on your behalf, both in and out of the courtroom. With our aggressive approach and dedicated attention, we’ll help you craft a solid defense to help you secure the best possible outcome. If you’ve been charged with aggravated battery, don’t wait. Contact Hanlon Law today to schedule a free consultation.

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