Aggravated Battery
Aggravated battery is a more serious battery offense with added elements. Normally, aggravated battery is a standard battery offense using or threatening to use a firearm. A conviction for aggravated battery can result in serious legal punishments. An aggravated battery can result in felony charges.
The legal consequences and negative social effects of an aggravated battery conviction is life altering. Many of these cases are heavily reliant on testimony and contextual factors. It is highly recommended that you obtain legal counsel, if you have been charged with aggravated battery.
Fort Pierce Attorneys for Aggravated Battery in Florida
Aggravated battery can result in a felony charge with harsh penalties. If you or someone you know has been charged with aggravated battery in the Fort Pierce area, it is important that you contact an attorney. With the assistance of an experienced attorney, you can explore all your legal options for your case.
Meltzer & Bell is a group of established criminal defense attorneys who have a passion for preserving civil rights. Our attorneys are strategic and aggressive in the courtroom. We use all possible resources to obtain the best possible results for your case. Additionally, the attorneys at Meltzer & Bell have over 20 years of collective experience. We are knowledgeable about Florida criminal laws, and will inform you every step of the way.
Do not hesitate when it comes to your future. The attorneys at Meltzer & Bell represent those accused of aggravated battery throughout Martin County and St. Lucie County area and nearby communities including Stuart, Fort Pierce, Port St. Lucie, and Jupiter Island.
Have some peace of mind today. Call the attorneys at (772) 291-2534 today.
Overview for Aggravated Battery Charges in FL
Definition of Aggravated Battery in Florida
Florida law states that if a person commits battery with certain aggravating factors, the crime’s consequences will be enhanced. For a person to be convicted with simple battery, the prosecution must prove beyond a reasonable doubt, the following elements:
- The alleged offender intentionally struck or touched the alleged victim against the will of the alleged victim; and
- The alleged offender intentionally caused bodily harm to the alleged victim.
Aggravated battery, however, is a more serious offense. Florida Jury Instructions 8.4 outlines the following components that must be fulfilled for a person to be convicted with aggravated battery.
- The defendant;
- Intentionally caused bodily harm to the victim;
- Intentionally touched or struck the victim against his or her will.
- The defendant in committing the battery either:
- Used a deadly weapon, which is a weapon that was used or threatened to be used in a manner likely to cause great bodily harm or death; or
- Knowingly and intentionally caused permanent disfigurement, permanent disability or great bodily harm to the alleged victim.
A conviction for aggravated battery may result in a second degree felony. The penalty for a second degree includes a maximum prison sentence of up to 15 years, and a possible fine of up to $10,000. In additions, released felons can face obstacles when obtaining employment, housing or federal aid.
Aggravated Battery with a Firearm in Florida
Penalties for aggravated battery can be enhanced if the alleged offender used a firearm. The 10-20-Life law states that if a person commits aggravated battery with a firearm, he or she will have increasing mandatory minimum prison sentences.
Depending on how the firearm is used, a person convicted for Aggravated Battery with a Firearm could receive any of the following mandatory minimum sentences:
- A minimum of 10 years in prison if the alleged offender was in possession of a firearm;
- A minimum of 20 years in prison if the firearm is discharged; and
- A minimum of 25 years in prison to life if another person is killed or injured by the firearm.
Aggravated Battery on a Pregnant Person under Florida Law
The consequences for aggravated battery may be elevated if the act was committed upon a pregnant woman. It is a unique crime, because it is considered to be aggressive due to the alleged victim’s vulnerable condition.
The statute does not require bodily harm. A person can be convicted of aggravated battery on a pregnant woman if he or she intentionally touches, strikes, or touches the alleged victim against their will. Due to the broad nature of the law, some cases of aggravated battery can have strange results. Grabbing a pregnant woman’s arm too harshly, for instance, can result in aggravated battery charges.
The legal consequence for aggravated battery on a pregnant woman is a second degree felony. A second degree felony has the following penalties:
- Maximum prison sentence of up to 15 years in prison;
- Possible probation time of up to 15 years; and
- Possible fine of up to $10,000.
Take note, aggravated battery on a pregnant person is a Level 7 offense under Florida’s Criminal Punishment Code. This means that a judge is required to impose a mandatory minimum prison sentence of up to 21 months.
Possible Defenses to Aggravated Battery on a Pregnant Woman
With the help of a criminal defense attorney, you can formulate a strong defense to combat these charges. A few defenses that may be utilized to defend your case include:
- You didn’t know the woman was pregnant during the offense.
- You were acting in defense of another person.
- You were acting in self-defense and the pregnant woman came at you as the primary aggressor.
- The contact was an accident without any intent to touch the alleged victim in an offensive or violent matter.
Additional Resources
Aggravated Battery Laws in Florida – Visit the official website for Florida legislature, and find the statutory language for battery charges in Florida. Find the specifics of various assault and battery charges, their penalties, and admissible defenses that can be use in court.
Pregnant Women’s Rights Must Be Fully Protected – Visit the official website for the National Review, a magazine that publishes conservative articles. Read an article by Denise M. Burke, regarding the Pregnant Woman’s Protection Act. Find statistics and data demonstrating the violence and abuse that pregnant women and their unborn children experience nationwide.
Lawyers for Aggravated Battery in Fort Pierce, FL
Have you been arrested for aggravated battery in the Treasure Coast area? Aggravated battery can result in large fines and even possible prison time. These legal consequences can be life changing. Make the first step to protect your rights today. Get in contact with an attorney at Meltzer & Bell now.
The attorneys at Meltzer & Bell have been practicing in Florida’s criminal courts for over 20 years. We are current with Florida’s criminal legislation. In addition, the attorneys at Meltzer & Bell are compassionate with clients. Florida’s legal process is daunting, and we understand that. We want to maintain open communication, and thoroughly explain all your legal options before proceeding.
Find the right attorney today. Meltzer & Bell practices law throughout the Treasure Coast area including For Pierce, Stuart, Port St. Lucie, Ocean breeze, and Jupiter Island.
Call the attorneys at (772) 291-2534, and schedule your free consultation today.
This article was last updated on September 5, 2018.