Criminal Defense

Aggravated Battery in Florida

Gregory Salnick
February 28, 2022

Under Florida law, aggravated battery is defined as the deliberate touching of someone else against their consent with the intention to harm them.

Under Florida law, aggravated battery is defined as the deliberate touching of someone else against their consent with the intention to harm them. The defendant can also be charged with aggravated battery if they used a deadly weapon or battered a pregnant person. To help you understand this offense, below is more information about aggravated battery and the possible penalties.

What Is Considered Aggravated Battery in Florida?

The offense of aggravated battery is described under Florida Statute 784.045(1)(a), and it occurs when the defendant:

  • Uses a deadly weapon while committing a crime.
  • Batters a pregnant woman whom they were aware of the pregnancy at that time.
  • Knowingly touches another person to inflict severe injuries, disfigurement, or permanent disability.

Florida aggravated battery laws state that an offense inflicting great bodily harm to a person implies that the harm caused must be more severe than just minor or slight injury. On the other hand, aggravated battery with a deadly weapon means a simple battery offense using a deadly weapon.

Simply put, a battery crime with a deadly weapon implies that the defendant knowingly or intentionally struck or touched a person with a deadly weapon. However, the deadly weapon does not necessarily have to be a gun but any object that can inflict severe bodily harm or, in the worst case, death. These deadly weapons can be any object, including firearms, knives, broken glass, baseball bats, and more.

The aggravated battery laws in Florida are complex. Thus, you may need the experience and knowledge of a skilled aggravated battery attorney to determine the circumstances surrounding your case.

Sentencing for Aggravated Battery in Florida

In Florida, aggravated battery is considered a second-degree felony, and the penalties for the offense can be severe. The maximum punishments for this crime include:

  • 15 years of imprisonment or probation
  • A $10,000 fine

Enhancement for Firearm

The punishment for an aggravated battery crime increases substantially if the defendant is charged with the possession of a firearm. Under Florida’s 10-20 Life Statute and based on how the gun was used, the penalties can be elevated to include:

  • A minimum of 10 years in prison for possession of a firearm.
  • At least 20 years in prison if the firearm was discharged during the incident.
  • A minimum of 20 years in prison if the discharged firearm caused severe injuries or death.

An aggravated battery case involving a law enforcement officer is elevated to a first-degree felony and is punishable by up to 30 years in prison and a $10,000 fine.

Contact West Palm Beach Aggravated Battery Attorney

Are you involved in an aggravated battery case? At The Law Offices of Salnick & Fuchs, we have a team of attorneys to represent you in court to ensure you get a fair hearing and your rights are fully protected. Give us a call at 561-286-8570 or fill out our online contact form to schedule an appointment.

Gregory Salnick

Mr. Salnick is a Florida Board Certified Specialist in Criminal Law. He began his legal career at the Palm Beach County State Attorney’s Office where he prosecuted over 90 jury trials, ranging from DUI to murder, armed robbery and drug trafficking. Mr. Salnick quickly gained a reputation as a tenacious and ethical attorney at law. Mr. Salnick now serves as state and federal criminal defense attorney at Salnick & Fuchs, P. A.

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