Aggravated Battery

Criminal Lawyer

Aggravated Battery is a second degree felony punishable by a maximum sentence of 15 years in state prison. To prove the crime of Aggravated Battery, the State must first prove that a battery occurred by proving that the Defendant intentionally touched or struck a person against his will or intentionally caused bodily harm. What makes it an aggravated battery is if the person intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement, or if the Defendant used a deadly weapon. A deadly weapon is defined as being anything that is used in a way likely to produce death or great bodily harm.

If a weapon is not used, the State needs to prove great bodily harm or permanent disability. These terms are ambiguous and subject to different interpretations. Also, because the bodily harm is required to be done intentionally and knowingly, an argument can be made that a defendant intended to commit a battery but not cause great harm. However, if the state can't prove the intent requirement, but can prove great bodily harm, this is the lessor crime of felony battery, which is a third degree felony, punishable by a maximum of five years. Of course, self defense is a defense to aggravated battery.

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A person commits 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. The battery is still felony, even if the battery was no threat to the baby or the pregnancy.

If a person commits a battery on a law enforcement officer (Also called a Bat LEO) or a firefighter, that person is guilty

of a third degree felony punishable by five years in prison. If a person commits an aggravated battery on a police officer, it is a first degree felony punishable by a maximum sentence of 30 years in prison with a 5 year minimum mandatory.

If the victim of the battery is 65 years old, the victim is treated the same as if the victim was a police officer. For example , if a 90 year old woman touches a 65 year old

man against his will, she is guilty of third degree felony.

I am an experienced Board Certified Trial Specialist. Less than one percent of attorneys in Florida are Board Certified. Only Board Certified attorneys are permitted to call themselves specialists or experts in Criminal Law. Common sense dictates that you don't hire a family doctor to perform brain surgery - you hire a specialist. Likewise,

because your freedom is at stake, don't make the mistake of hiring a criminal lawyer who isn't recognized by the Florida Bar as a specialist in criminal law. Instead, hire a criminal attorney who is Board Certified. If you need a criminal lawyer because you are charged with aggravated battery in Clearwater, New Port Richey, or somewhere else in the Tampa Bay area, don't hesitate to call an experienced board

certified criminal defense attorney. We offer Free Consultations and individually suited Payment Plans.