Felony Aggravated Battery
Intentionally harming or using a deadly weapon on someone is battery. A battery charge can be enhanced to aggravated battery if certain factors are present during the crime. Using a deadly weapon or inflicting great bodily harm to the point of permanent disability or disfigurement can elevate your consequences.
Aggravated battery is a serious offense under Florida law. A conviction can lead to expensive fines and possible prison time. It could also lead to an injunction if the crime was against a family member, spouse or partner. An injunction can restrict who you come in contact with or even force you to move out of your family home.
If you or someone you know has been charged with aggravated battery, it’s important that you contact an experienced criminal defense attorney.
Attorney for Aggravated Battery in Pinellas County, Florida
Have you been accused of aggravated battery in the Pinellas County area? Are you unsure on what your next move will be? If the answer is yes, you may want to contact a skilled defense attorney.
Call the attorneys at Morris Law Firm, P.A. now. We can formulate a strong defense for you. Our attorneys will utilize our resources, experience and techniques to fight your charges. Contact us now at (727) 388-4736 for a free consultation.
Morris Law Firm, P.A. accepts clients throughout the greater St. Petersburg area including Bradenton, Clearwater, Dunedin, Largo and Pinellas Park.
Overview of Aggravated Battery in Florida
- Battery and Aggravated Battery Defined in Florida
- Florida Penalties for Aggravated Battery
- Possible Defenses for Aggravated Battery
- Florida Statute of Limitations for Aggravated Battery
- Additional Resources
Battery and Aggravated Battery Defined in Florida
It’s common for people to interchange the terms “assault” and “battery.” However, battery and assault are very different charges. A person is charged with assault if they threaten another person with violence. Battery, on the other hand, is when a person physically harms another.
Florida Statute § 784.03 states a person commits battery if:
- They intentionally strike another person against the will of the alleged victim; or
- They intentionally cause bodily harm to another person.
Battery is elevated to aggravated battery if the defendant:
- Intentionally causes great bodily harm, permanent disfigurement or permanent disability; or
- Uses a deadly weapon such as a firearm.
A battery offense will also be enhanced to aggravated battery if the victim was pregnant during the offense.
Penalties for Aggravated Battery in Florida
An aggravated battery conviction comes with serious penalties. Aggravated battery is a second-degree felony, which is punishable by:
- Up to 15 years in prison; and
- A possible fine of up to $10,000.
The penalties for aggravated battery can be elevated depending on the victim. If the victim is any of the following, your charges may be enhanced.
- Elected officials;
- Law enforcement;
- Correction officers;
- Parole officers;
- Probation officers;
- Sports officials;
- Healthcare personnel;
- Emergency medical services personnel;
- Public transit employees;
- Railroad special officers;
- Firefighters; or
- People who are 65 years old or older.
If the victim was any of the above, the charges are reclassified. The penalty will change from a second-degree felony to a first-degree felony. A first-degree felony is punishable by:
- Up to 30 years in prison; and
- A possible fine of up to $10,000.
You will also be sentenced to a minimum prison term of 3 years. In addition, an adjudication of guilt or imposition of sentence cannot be suspended, deferred or withheld.
Potential Defenses for Aggravated Battery
An aggravated battery case can be difficult to defend. It’s likely the jury will sympathize with the alleged victim’s testimony or impact statement. Not only is it important, but it’s necessary you gain trusted legal representation for these charges.
A skilled attorney can utilize a number of defense techniques for your case. They can file motions to suppress any evidence, collect evidence during discovery, or cross-examine the prosecution’s witnesses. In addition, they can implement a number of defenses including:
- You were defending yourself, your property or others;
- You had no intent to commit the aggravated battery;
- It’s a case of mistaken identity and you never committed the crime;
- Law enforcement violated their own procedures; or
- The prosecution’s evidence is insufficient.
Statute of Limitations for Aggravated Battery
Prosecutors must follow a time limit when they are filing charges. This is referred to as a statue of limitations. If the state fails to bring to file formal charges in the allotted time, they will be barred from prosecuting the crime. A crime’s statute of limitations begins on the date the offense was discovered.
The statute of limitations for aggravated battery is three years. However, if it’s being charged as a first-degree felony the statute of limitations is four years. If the victim was injured by a deadly weapon, then the statue of limitations is 10 years. Offenders found through DNA evidence will have no statute of limitations at all.
Florida Aggravated Battery Laws – Visit the official website for the Florida Legislature to find more information surrounding aggravated battery. Access the statues to learn the charge specifics, penalties and other related offenses.
Domestic Violence Help, Program and Statistics – Visit the official website for DomesticShelter.Org, a non-profit organization that provides resources to domestic violence survivors. Access the site to learn domestic violence statistics, resources and locations to the closest domestic violence shelter.
Lawyer for Aggravated Battery in St. Petersburg, Florida
If you or someone you know has been charged with aggravated battery, it’s important you contact an skilled criminal defense attorney. You could have steep fines, probation and even possible incarceration. In addition, you’ll have a criminal record. Don’t wait another moment and call Morris Law Firm, P.A. today.
The attorneys at Morris Law Firm, P.A. are experienced in battery and aggravated battery offenses. We use the latest and most reliable defense techniques for our clients. Contact us today to schedule a free consultation at (727) 388-4736.
Morris Law Firm, P.A. practices law at the Pinellas County Center of Justice and surrounding areas including Tampa, Oldsmar, Tarpon Spring, Clearwater and St. Petersburg.
This article was last updated on December 31, 2018.