Aggravated Battery

According to the statute, aggravated battery can occur in one of three ways:

1. Battery + Deadly Weapon

2. Battery + Great Bodily Harm

3. Battery + Pregnant Person

   
   

This means that an “aggravated” battery is simply a misdemeanor battery plus an added element.  The added element can either be use of a deadly weapon, causing great bodily harm, or committing the battery on a pregnant person.  

• Intent: The defendant must act intentionally.  This means that the defendant intended to make physical contact with the victim and knew or should have known that the contact was unauthorized.

  
  

• Touching or Striking: The defendant intentionally touched or struck the victim against their will. This can include actions such as hitting, slapping, pushing, or any other form of physical contact.  This can also include throwing an object that strikes another person.  Note that for misdemeanor battery, there is no requirement that the person be injured or that a deadly weapon is used.

  
  

• Lack of Consent: The prosecution must prove that the touching or striking occurred without the consent of the victim; or “against their will”. Consent means that the victim willingly agreed to the contact.  Consent is a common defense to battery, as explained below.

  
  

• Deadly Weapon:  A “deadly weapon” is defined in the Florida Standard Jury Instructions as “any object that will likely cause death or great bodily harm if used or threatened to be used in the ordinary and usual manner contemplated by its design and construction.” Further, an object not designed to inflict bodily harm may nonetheless be a “deadly weapon” if it was used or threatened to be used in a manner likely to cause death or great bodily harm.

  
  

• Great Bodily Harm: “Great bodily harm” is defined in the Florida Standard Jury Instructions as “an intentional touching or striking includes situations where a defendant knows that a touch or strike is substantially certain to result from his or her act.”  Great bodily harm encompasses permanent disability and permanent disfigurement.

  
  

Penalties for Aggravated Battery in Florida

Aggravated battery is classified as a second-degree felony.  The maximum penalties for aggravated battery in Florida are:

·       $10,000 fine

·       15 years prison

·       15 years probation

Aggravated Battery is designated as a Level 7 Offense in the criminal punishment code offense severity chart.  A judge is required to sentence a defendant to at least 21 months in prison if convicted of Aggravated Battery if there are no grounds for a downward departure.

• Enhanced Penalties: Florida law protects certain groups of individuals in the public sector and enhances the penalties for crimes committed against them.  If an aggravated battery is committed against an emergency medical care provider, firefighter, or law enforcement officer, it is enhanced from a second-degree felony to a first-degree felony.  Any person convicted of aggravated battery on a law enforcement officer shall be sentenced to a minimum of 5 years in prison.

  
  

• 10-20-Life Firearm Enhancement: Aggravated Battery with a Firearm is the same charge as Aggravated Battery with a Deadly Weapon, however, if the “deadly weapon” involved was a firearm, the 10-20-Life statute is triggered.  This means that the minimum sentence a judge may impose is as follows:

  • Possession: the judge must impose a sentence of at least 10 years if a firearm was possessed during the commission of the crime

  • Discharged: the judge must impose a sentence of at least 20 years if a firearm was discharged during the commission of the crime

  • Injured or Killed: the judge must impose a sentence of life in prison if someone was injured or killed by the firearm during the commission of the crime

    
    

Defenses to Aggravated Battery

• Self-Defense: If the defendant reasonably believed that they were in imminent danger of bodily harm or that force was necessary to defend themselves against such harm, they may have a valid self-defense claim.  However, the use of force must be proportional to the perceived threat.

  
  

• Defense of Others: Similar to self-defense, a person may use reasonable force to defend another individual who is in imminent danger of bodily harm.

  
  

• Consent: If the victim consented to the physical contact, it may serve as a defense to aggravated battery. However, consent must be freely given and not obtained through coercion or fraud.  Because non-consensual contact is an element of the crime, consent is a defense.

  
  

• Insufficient Intent/Accident: If the physical contact was unintentional or the result of an accident, the defendant may argue that they did not have the requisite intent to commit a battery.  Intent is determined by the circumstances of the event. 

  
  

• No Deadly Weapon: If the aggravating element of the charge is use of a deadly weapon, it is a defense if there was no weapon or if the weapon used does not meet the definition of a “deadly weapon”.   According to Florida’s Standard Jury Instructions, a deadly weapon could be any object that is used, or threatened to be used in a manner that is likely to inflict death or great bodily harm.

If you or someone you know is facing an Aggravated Battery charge, contact Howeller Law, P.L.L.C. today.  Consultations are always free.