Aggravated Battery

Aggravated Battery in Florida is a battery wherein the defendant intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement to the victim. This crime is also charged when in the course of a battery an individual uses a deadly weapon or batters a pregnant woman when the defendant knew or should have known the woman was pregnant. As with any crime of violence, this allegation is very serious. In addition to the collateral stigma of having a violent crime on your record, if convicted you will most likely go to prison. Because this crime is considered a second degree felony, punishable by up to 15 years in the Florida Department of Corrections in addition to a $10,000 fine, avoidance of formal conviction is difficult. Under Florida’s current prison scoring system, this allegation is a level 7, scoring 56 points. All that is necessary for mandatory prison is a total of 44 points. Due to the fact that a conviction in and of itself will send you to prison, it is imperative that you contact the experienced and aggressive Tampa criminal lawyers at The Mayberry Law Firm immediately. Each attorney in our firm is well versed in handling these charges and have a unique understanding of how to get the best possible result regardless of what the facts of your case bear.

What The State Must Prove

For a general allegation the State Attorney’s Office must prove the Defendant:

1) intentionally touched or struck the victim against his or her will.

OR

2) intentionally caused bodily harm to victim.

AND

3) in committing the battery

a. intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the victim

OR

b. used a deadly weapon.

Florida defines a weapon as a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm.

As for an allegation of this crime upon a pregnant woman, the State must prove the Defendant:

1) intentionally touched or struck the victim against his or her will.

OR

2) intentionally caused bodily harm to victim.

AND

3) the victim was pregnant at the time

4) the defendant knew or should have known at the time that the victim was pregnant.

Defenses

As with simple battery there is always the possibility that self defense or the defense of others is viable. If you or someone else is assaulted, battered, or attacked in general by an individual using deadly force or you reasonably believe your life is at risk while you’re lawfully present at a place, you can use deadly force to defend yourself or others.

Failure of the State to show your actions were intentional is a complete defense as every battery requires a purposeful act on the part of the Defendant.

If the facts are unfavorable in an aggravated battery on a pregnant woman case, there is the possibility of defending on the notion that the Defendant had no way to know the woman was pregnant. Though this defense would not lead to total acquittal, it could act to reduce the conviction from a felony to a misdemeanor.

Why Hire Our Tampa Criminal Lawyers?

Each Tampa aggravated battery attorney in our firm is experienced in defending these charges. Our criminal lawyers have consistently over the course of their careers earned charge reductions for our clients, prevented charges from being filed, or have convinced the State that charges should be dropped. We know what buttons to push and what questions to ask. To speak to a zealous and aggressive criminal lawyer, contact us at 813-444-7435 today.