Aggravated Battery Charges in Florida
In Florida, aggravated battery is defined as intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement. Florida Statute 785.045 also notes that aggravated battery can also be with a deadly weapon.
Aggravated battery in Florida is considered a second-degree felony, punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine. Because it is a level 7 offense, it scores mandatory state prison regardless of a lack of criminal history.
The penalties for Aggravated Battery in Florida are increased when the offense involves possession or discharge of a firearm. Under Florida Statute 775.087, the following minimum mandatory sentences will be imposed:
- Firearm possessed during the incident – minimum 10 years in prison
- Semi-automatic firearm or machine gun possessed during the incident – minimum 15 years in prison
- Firearm discharged during the incident – minimum 20 years in prison
- Firearm discharged and death or great bodily harm is caused – minimum of 25 years in prison
Defenses to Aggravated Battery
The defenses depend on the circumstances of the case. Some of the most common defenses include:
- Stand Your Ground
- Defense of others
- Consent of mutual combat
- Lack of intent to touch or strike
- The injury does not meet the requirements for great bodily harm or disfigurement
- The object used is not a “deadly” weapon.
A weapon is considered a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.
Florida Aggravated Battery Attorney
If you are facing aggravated battery charges in Orlando or Central Florida, you do not want to fight these charges alone. Experienced criminal defense attorney Brandon Gans has experience as a former state prosecutor, so he brings that knowledge to his aggravated battery cases. Call our office now for a free consultation.