AGGRAVATED BATTERY IN FLORIDA
§784.045, Fla. Stat.
To prove the crime of Aggravated Battery, the State must prove the following two elements beyond a reasonable doubt.
- The Defendant intentionally touched or struck the alleged victim against his or her will, or intentionally caused bodily harm to the alleged victim; and
- The Defendant in committing the battery intentionally or knowingly caused great bodily harm, permanent disability, permanent disfigurement to the alleged victim, or used a deadly weapon.
Penalties for Aggravated Battery
Aggravated Battery is a felony of the second degree punishable by up to 15 years in prison and a fine not exceeding $10,000.
However, when someone is convicted of an Aggravated Battery with a Firearm there are mandatory minimum prison sentences under Florida’s 10-20-Life law. The mandatory minimum prison sentences which must be imposed are the following:
- Possession of a firearm- Minimum prison term of 10 years;
- Discharging a firearm- Minimum prison term of 20 years; and
- Discharging a firearm causing death or great bodily harm- Minimum prison term of 25 years.