Definition of Aggravated Battery

In Florida, Aggravated Battery is defined as an intentional touching or striking of another person: (i) with the intent to cause great bodily harm; (ii) with a deadly weapon; or (iii) under circumstances where the defendant knew or should have known that the victim was pregnant.

‘Great Bodily Harm’

Great bodily harm means significant injury, as distinguished from slight, trivial, or moderate harm such as bruising.

Meaning of ‘Deadly Weapon’

In Aggravated Battery prosecutions, a deadly weapon is any object likely to cause death or great bodily harm if used or threatened to be used in the ordinary manner intended by its design and construction.

Penalties for Aggravated Battery

Aggravated Battery is classified as a second degree felony, with penalties up  to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines.

Enhancements for Firearms

Aggravated Battery penalties can increase substantially where the incident involves the possession or discharge of a firearm.

In those instances, Florida’s 10-20-Life Law will mandate the imposition of the following minimum mandatory sentences:

  • Firearm Possessed- Minimum 10 years;
  • Semiautomatic Firearm Possessed During Incident- Minimum 15 years;
  • Firearm Discharged- Minimum 20 years;
  • Firearm Discharged with Great Bodily Harm- Minimum 25 years.

Defenses to Aggravated Battery

Aggravated Battery can be a highly defendable charge, with defenses including:

  • Self-Defense;
  • Stand Your Ground;
  • Defense of Others;
  • Consent or Mutual Combat;
  • Alibi;
  • Lack of intent to touch or strike;
  • No intent to cause great bodily harm, disfigurement, etc.;
  • The instrument or object used during the incident is not a “deadly weapon” within the meaning of the statute.

Contact an Attorney

If you have been arrested for Aggravated Battery in Jacksonville or the surrounding counties, contact Hussein & Webber, PL for a free consultation.