I have experience in defending aggravated battery cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each aggravated battery case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced aggravated battery defense attorney is essential.  Once hired, I will:

1. Collect and review all written statements, photographs and 911 calls;
2. Find flaws in the police officer’s investigation;
3. Identify all possible defenses;
4. Immediately start negotiating with the prosecutor not to file formal charges, and
5. Do whatever is necessary to avoid an aggravated battery conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Is there any video evidence of this incident?
• Was the reported victim the aggressor?
• Is this a self-defense case?
• Is this a mutual combat case?
• Was there a deadly weapon used?
• Was there great bodily harm or permanent disfigurement?
• Are there other factors or motivations that show lack of intent?
• Is there a lack of evidence of a conflict in the evidence?

What is Aggravated Battery

Aggravated battery 784.045 is defined as unwanted contact with or intentional injury of another people either with a deadly weapon or causing great bodily harm. It is a second degree felony and is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code.

1. (a) A person commits aggravated battery who, in committing battery:
   1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
   2. Uses a deadly weapon.

   (b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

   

How is Aggravated Battery Proven in Florida?

To prove the crime of Aggravated Battery, the State must prove the following two elements beyond a reasonable doubt. The first element is a definition of battery.

1. Defendant intentionally touched or struck victim against his/her will and
   intentionally caused bodily harm to victim.
2. Defendant in committing the battery
   (a) intentionally or knowingly caused great bodily harm to victim, permanent disability to victim, permanent disfigurement to victim
   (b) used a deadly weapon. A weapon is a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm.
3. Standard Florida Aggravated battery jury instructions.

Penalties of Aggravated Battery

Aggravated battery is classified as a second degree felony that is punishable by up to 15 year in prison and up to a $10,000 fine. Other penalties include:

• Community control, house arrest or supervised probation
• Anger management class or counseling
• Community service
• Drug evaluation and any recommended follow up treatment
• No contact or no return to the location of the incident

Defenses for Aggravated Battery

Although the facts of every case differ, there are many defenses available to contest a charge of aggravated battery in Florida. Some of the more common defenses include the following:

• Self-Defense;
• Stand Your Ground;
• Defense of Others;
• Consent or Mutual Combat;
• Alibi;
• Lack of intent to touch or strike;
• No intent to cause great bodily harm, disfigurement, etc.;
• The instrument or object used during the incident is not a “deadly weapon” within the meaning of the statute.

Aggravated Battery Case Law

Montero v. State, 3D16-0392 (Fla. 3d DCA 2017) Where the evidence shows that the defendant tells the victim (a nightclub manager) that he is going to kill him, and then almost does so, there is competent substantial evidence to support the jury’s verdict of guilty on a charge of aggravated battery.

Kirkland v. State, 1D15-4751 (Fla. 1^st DCA  2017) “Here, the State charged Kirkland with committing ‘a battery upon Dedrick Hall by Hitting with a Bat, a deadly weapon.’ That is, the State charged Kirkland with aggravated battery with a deadly weapon. Because Kirkland was only charged with aggravated battery using a deadly weapon, it was fundamental error, in this specific context, to convict him of felony battery.”

I Defend all Aggravated Battery Cases

If you were recently arrested or charged with any Florida battery offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.