In the state of Florida, Aggravated Battery occurs when you intentionally or knowingly cause permanent disfigurement, permanent disability or serious bodily harm to another person. Aggravated Battery also covers the use of a deadly weapon along with charges of battery, or in a situation where you knew—or should have known—your victim was pregnant. If you have been charged with Aggravated Battery, you must take those charges seriously. Harsh penalties can result from a conviction for Aggravated Battery, including a three-year mandatory minimum prison sentence if you pointed a gun at the other person, a 20-year mandatory minimum prison sentence if the gun was discharged, and you could face life in prison if the victim of the battery dies as a result.
Under Florida Statutes, Section 784.045, Aggravated Battery is a second-degree felony. Not only are the penalties for a second-degree felony in the state of Florida extremely harsh, you will face additional consequences from having a conviction for the crime on your permanent criminal record. Since nearly all employers, as well as those who rent homes, condos and apartments, perform a criminal background check on prospective employees or renters, having a conviction for Aggravated Battery on your record could prevent you from obtaining employment or a home. Additionally, you will lose your right to own a firearm, vote or run for public office, and may be prohibited from obtaining a professional license or a governmental student loan.
Penalties for a Conviction of Aggravated Battery in Florida
The penalties you will receive, if convicted of the crime of Aggravated Battery, include the following:
- If convicted of a second-degree felony for Aggravated Battery, you could face up to fifteen years in a Florida state prison, up to fifteen years of probation, and a fine as large as $10,000. You will likely also be subject to a minimum prison sentence under the Florida Sentencing Guidelines
- If convicted of a first-degree felony for Aggravated Battery (meaning you used a gun or caused a death), you could face much more serious penalties, including twenty years to life in prison
Potential Defenses to the Crime of Aggravated Battery
While your criminal defense attorney will build your defense on the circumstances surrounding your charges, the following are defenses which could potentially be used on your behalf:
- You were acting in self-defense
- You are innocent under the “stand-your-ground” laws of the state
- You were acting in defense of another person or persons
- The alleged “weapon” you used in the battery is not actually classified as a deadly weapon under Florida Statutes
- The alleged victim did not suffer great bodily harm, which is more than minor, moderate, slight or trivial harm; or
- The altercation was mutual combat
Call The Law Place for Experienced Criminal Attorneys
If you have been charged with Aggravated Battery, contact a criminal defense attorney from The Law Place as soon as possible. We understand that your future is at stake, and will work hard to have your charges reduced or dropped. If we are unable to do so, we will do our best to negotiate a lesser sentence on your behalf or take the case to trial if necessary. Contact The Law Place today at 941-444-4444 for an experienced, knowledgeable criminal defense attorney who will be the advocate in your corner when you need one the very most.