Conviction of aggravated battery comes with serious consequences which can include a long-term jail sentence, excessive fines, and a permanent record as a convicted violent felon, which will affect your ability to obtain future employment.
Your life can easily be turned upside down and changed forever. You may have been arrested as a result of a bar fight, road rage, or another unintended altercation. You may actually be the victim. Whatever the circumstances, you need to fight this charge. Although the burden of proof rests on the prosecutors, without a solid defense and the support of an experienced, qualified, and aggressive criminal defense lawyer, you could easily be convicted.
Definition of Aggravated Battery
In the State of Florida, battery is defined as the intentional striking or touching of another person against their will, or willfully causing bodily harm to another person. Aggravated battery is a much more serious charge. Florida Statute § 784.045 defines aggravated battery as when a person does one of the following:
- Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement
- Uses a deadly weapon
Additionally, a person commits aggravated battery if the victim was pregnant at the time of the offense and the offender knew or should have known that she was pregnant.
Penalties for Aggravated Battery
Aggravated battery is a second-degree felony. Conviction results in a permanent record as a violent criminal. Penalties associated with an aggravated battery conviction are:
• Maximum prison sentence of up to 15 years
• Fines of up to $10,000
These penalties can increase depending on other factors associated with the alleged offender such as a previous criminal record that includes a battery charge, or if the offense is against people employed in law enforcement and corrections, emergency personnel, public officials, school staff, health and safety workers, inmates, or the elderly.
Aggravated Battery Defenses
Depending on the circumstances surrounding your case, there are several options for developing your defense strategy. Some of these include:
- When the supposed victim is actually the aggressor, we will build a self-defense case that supports this circumstance and refer to the “Stand Your Ground” as your legal right to protect yourself.
- Were you defending your property? If so, the castle doctrine can be applied.
- Demonstrate a lack of evidence to support the charges and the intent to commit this crime
- Were your rights constitutionally violated?
- Did the police provide you the Miranda Warning?
- Did the police follow correct procedures during your arrest?
- Mistaken identity
Remember, the prosecutor must prove beyond a reasonable doubt that you intentionally committed this crime. If you have been arrested, do not speak to the police without an attorney present and do not give any written statements without having a lawyer present.
Get a Aggressive Criminal Defense Attorney on Your Side Now
Don’t wait to contact a criminal defense attorney. If you have been arrested, the State Attorney will move quickly to file criminal charges against you. Contact us today for a case review. I can provide you with possible defense strategies for your particular situation and help you avoid conviction. I may be able to negotiate with the State to avoid charges being filed. If charges have already been filed, I can help you build the best possible defense to avoid conviction and jail time. I have over 10 years of experience aggressively defending criminal charges and convictions.