Anyone who faces aggravated battery charges in the state faces harsh penalties that will burden his or her life for years to come after a conviction. Jail or prison time, large fines, probation, and other penalties can all be imposed once a person is convicted of aggravated battery. Yet not all Floridians who are charged with aggravated battery have actually committed such a crime, and the maximum penalties for an aggravated battery conviction are not appropriate in every case.
If you’re facing aggravated battery charges in Florida, you should not face the full power of the police and prosecutor on your own. A defense attorney like the team at Farah & Farah will defend your legal rights, protect your best interests, and fight for the optimal outcome in your case. Contact us today to learn more.
Florida’s Aggravated Battery Statute
Section 784.045 of Florida’s statutes prohibits “aggravated battery” and imposes penalties on those who are convicted of aggravated battery.
“Aggravated battery” in Florida can be based on any one of the following three possible situations:
- a person “intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement;”
- a person uses a “deadly weapon” to commit battery; or
- a person commits battery against someone whom the person knows or should know is pregnant.
A “battery” in Florida includes the actual and intentional touching of another person against that person’s will. Battery is sometimes called “simple battery” to distinguish it from aggravated battery, which carries heavier penalties because it involves more serious acts.
In order to prove a charge of aggravated battery in Florida, a prosecutor must show both that a battery occurred and that at least one of the three circumstances listed above also occurred. Each part of the case must be proven beyond a reasonable doubt.
Florida’s domestic assault law also allows prosecutors to charge a person with domestic assault if it appears that aggravated battery was committed against a family member, a member of the same household, or the parent of the charged person’s child.
What Are Penalties for Aggravated Battery in Florida?
State law classifies aggravated battery as a second-degree felony. The maximum penalties for a second-degree felony include 15 years in prison and a $10,000 fine. A person convicted of aggravated battery in Florida might also face other penalties, like probation, community service, mandated anger management, or other counseling, or the payment of court costs, restitution, and other amounts. A conviction of aggravated battery also appears on the person’s criminal record, where it may impose long-term problems, like difficulty finding a job, returning to school, or taking out a loan.
How To Fight a Florida Aggravated Battery Charge
Because every aggravated battery case is different, it is crucial to speak with a battery defense attorney as soon as you possibly can. A lawyer can explain how the laws will likely apply to your case and what your options are. Your attorney can also fight on your behalf to protect your legal rights and help you resolve the case in the best possible way for you.
At Farah & Farah, our dedicated Jacksonville criminal defense attorneys have the legal resources and knowledge to build an aggressive defense against charges of aggravated battery or any other violent crime. To discuss your situation with us, contact our office today at 855-797-9899.