Aggravated Battery in Florida
If accused of Aggravated Battery in Florida, you need to know the:
Definition of Aggravated Battery
The crime of Aggravated Battery can be committed in one of three ways:
- Intentionally causing great bodily harm, permanent disability, or permanent disfigurement while battering someone;
- Using a deadly weapon in the commission of a battery; or
- Battering a person known to be pregnant.
Penalties for Aggravated Battery
The crime of Aggravated Battery is classified as a Second Degree Felony and assigned a Level 7 offense severity ranking under Florida's Criminal Punishment Code.
If convicted of Aggravated Battery, a judge is required to impose a minimum prison sentence of 21 months in prison and can also impose any combination of the following penalties:
- Up to fifteen (15) Years in prison.
- Up to fifteen (15) Years of probation.
- Up to $10,000 in fines.
Defenses to Aggravated Battery
Self Defense and Consent are the two primary defenses to the crime of Aggravated Battery in Florida.
Self Defense
Also known as the justified use of force, self defense is a defense to the crime of battery so long as you use non-deadly force to defend yourself against another person's unlawful attack.
Consent
Since an element of battery is that the contact be un-consensual, consent to the contact is an obvious defense. Other examples where consent would be applicable are athletic events.
- Mutual Combat: While not sanctioned as a legal defense, mutual combat is a theory that can be argued to a jury as a sub-category of the defense of consent. Essentially, the theory goes, if two people mutually engage in a fight (usually a bar brawl) neither person should be able to complain of the ensuing contact.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Aggravated Battery in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you of the proper course of action that can be taken.
