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While assault and battery are already serious charges in Florida, aggravated battery is the next step up. In Florida, aggravated battery is intentionally striking someone which results in a serious injury including permanent disablement or permanent disfigurement such as losing a limb or eye or scarring their face. It can also include using a deadly weapon such as a bat or gun to carry out this attack. Another aggravating factor is if the victim is a pregnant woman.
If you’ve been charged with aggravated battery, these are deeply serious charges and you need a good criminal defense attorney to represent you.
Contact our office immediately 24/7 with one of our West Palm Beach criminal defense attorneys.
Florida statute 784.045 indicates that someone can be charged with aggravated battery if they:
• Intentionally or knowingly cause great bodily harm, permanent disability, or permanent disfigurement
• Used a deadly weapon during the commission of the crime
• Knew or should have known that the victim was pregnant
If a person strikes or touches another person but does not include any of these three conditions, they will be only charged with battery instead.
Aggravated battery is a second-degree felony in Florida. The state imposes severe penalties for a conviction, including a fine of $10,000 and a maximum of 15 years behind bars.
Should the victim be a police or other law enforcement officer, the charge can be increased to a first-degree felony. In addition to the $10,000 fine, the maximum jail time increases to 30 years.
Chances are the first thing that comes to mind is a firearm, but that isn’t the only type of deadly weapon.
Anything that can be used to inflict great bodily harm is considered a “deadly weapon,” even if it isn’t a firearm. When a person uses or threatens to use anything as a weapon to inflict bodily harm on another individual, the “deadly weapon” clause applies.
In this context, a “deadly weapon” can be anything from a pair of scissors picked up off a desk to nearly anything found in a household or car. Even if an object’s general purpose isn’t as a weapon, when used to inflict harm that results in serious injury it can be considered a deadly weapon.
Using a firearm however does have consequences. The addition of a firearm includes added mandatory sentencing under Florida’s 10-20-Life Law:
• For possessing a firearm during the incident, a minimum sentence of 10 years
• For possessing a semiautomatic firearm or machine gun during the incident, a minimum sentence of 15 years
• Discharging a firearm during the incident, a minimum sentence of 20 years
• Discharging a firearm during the incident including death or great bodily harm, a minimum sentence of 25 years
A judge’s discretion will have limitations in these cases.
To have a successful conviction, a prosecutor must show beyond a reasonable doubt that an individual:
• Did intentionally touch the victim against their will
• Caused harm to the victim
• Knowingly and intentionally used a firearm or other deadly weapon, caused permanent disability and/or disfigurement
• Knew (or should have known) that the victim was pregnant
An experienced and skilled criminal defense attorney will investigate the incident and seek the ideal defense, such as:
• Misidentification of a suspect, and the intended suspect has a strong alibi
• Consent
• Insufficient merit, including accidental, non-intentional contact
• “Mutual combat,” such as a bar fight
• Self-defense or defense of others, including Florida’s Stand Your Ground law
• Lack of intent
Each case is different, so it’s important to discuss yours with the experienced and skilled West Palm Beach criminal defense attorneys of Farkas & Crowley.
When charged with aggravated battery or other serious violent crimes, you need the best defense possible. We will evaluate your case, review the evidence, and strategize a defense. defenses may be applicable. Do not hesitate to contact Farkas & Crowley regarding your aggravated battery case or other violent type of crime charges. Our attorney can fight aggressively for your rights and protect you from harsher penalties than necessary.
The team at Farkas & Crowley can help you with your case. We have successfully handled numerous aggravated battery and other violent crime cases.
With us, you get our experience as former prosecutors as well as our experience as a dedicated defense team to help you get the best possible outcome for your case. Call us now at (561)-444-9529 24/7 to set up a free consultation.
Looking for a criminal law firm? Farkas & Crowley, P.A. are the attorneys for you. They are extremely knowledgeable of the law and go the extra mile for their clients. Their expertise and impeccable work ethic are hard to beat. Available 24/7. Highly recommended.
-Marla Newman
500 S. Australian Ave.
6th Floor
West Palm Beach, FL 33401
(561) - 444 - 9529
Mon - Fri: 9 am – 5 pm
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
