24th Apr 2020
Florida law describes a battery as occurring when one person actually and intentionally touches or strikes someone else against their will or intentionally causes bodily harm to someone else. However, a criminal defense attorney in Miami Dade can explain that aggravated battery charges are much more serious and carry stricter penalties. If you are facing aggravated battery charges, a criminal defense attorney in Miami Dade explains what you need to know.
Aggravated Battery Definition
An aggravated battery occurs when a person meets the elements of a battery but additional factors are involved, such as:
- Caused the victim great bodily harm, permanent disfigurement or permanent disability
- The victim was pregnant and the defendant knew or should have known this
- The use of a deadly weapon was involved
Aggravated battery is a second-degree felony and can result in a conviction up to 15 years and fines up to $10,000. If the crime involved a firearm, the penalties can increase dramatically, as follows:
- Possession of a firearm during the battery – Minimum term of imprisonment of 10 years
- Possession of semiautomatic firearm or machine gun during the battery – Minimum term of imprisonment of 15 years
- Firearm discharged during the battery – Minimum term of imprisonment of 20 years
- Firearm discharged and caused death or great bodily harm – Minimum term of imprisonment of 25 years
Contact a Knowledgeable Florida Attorney
Because the penalties for this offense are so harsh, you must contact a knowledgeable criminal defense attorney who can protect your rights. Scott Saul can meet with you and discuss the particular circumstances surrounding your claim. He formerly worked at the Miami-Dade County State Attorney’s Office and know how the prosecution will build its case. He can use this experience to help you achieve a favorable outcome in your case.