Our experienced assault lawyers at the Law Offices of Leifert & Leifert have represented numerous individuals fighting criminal charges of a wide variety, including and especially charges of aggravated battery.
State law describes that someone is guilty of having committed aggravated battery if they have, in committing this crime intentionally or knowingly caused great bodily harm, permanent disability or permanent disfigurement, or if they have used a deadly weapon in the commission of this offense. Furthermore, according to state law, a person is thought to have committed aggravated battery if the victim was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. This charge is taken extremely seriously by prosecutors and judges and as such warrants the attention of a Ft Lauderdale aggravated assault attorney.
Aggravated Battery Laws in Ft. Lauderdale
According to Florida State Statute 784.045, there are three general criteria for this crime, each of which is, by itself, sufficient for the declaration of aggravated battery. As for the first, according to the law, someone has committed aggravated battery if, during the commission of the crime, they intentionally or knowingly caused the victim to sustained great bodily harm, permanent disability or permanent disfigurement. If in committing an attack someone strikes the victim’s back with such force that they will remain permanently disabled, the attacker has committed aggravated battery.
As for the second criterion, let us say that in committing battery, someone uses a deadly weapon, such as a knife, firearm, or any other object that can reasonably cause the victim in the attack to die. In this case, the charge would likely be elevated to that of aggravated battery, given the use of the deadly weapon. Keep in mind that if someone has used a firearm in the commission of the crime of aggravated battery, they face a minimum prison sentence of 10 years and should, therefore, consult with a Ft Lauderdale lawyer immediately.
The third criteria is a bit trickier. If someone batters a pregnant woman, this could lead to an aggravated battery charge. The law states that for the charge to be that of aggravated battery, the defendant had to have (or should have) known that the victim was pregnant. However, it can be difficult to determine how someone should have known that the victim was pregnant. This changes depending on the circumstances. For example, if a man beats his pregnant sister, with whom he lives, it is unreasonable to think that he would not have known that she was pregnant. Likewise, if someone batters a clearly pregnant woman outside of a maternity store, the defense argument that the defendant did not know the victim was pregnant is unlikely to hold up in court. A lawyer in Ft. Lauderdale could help someone build a defense based on the specifics of their aggravated battery charge.
Potential Penalties for Aggravated Battery
In terms of penalties, if someone is charged with aggravated battery, which is a second-degree felony, they could face up 15 years in prison and/or $10,000 in fines if convicted. However, if a person is charged with another felony in conjunction with aggravated battery, the other felony shall be reclassified. This means that if the other crimes was a third-degree felony, it will become a second-degree felony, and so on. In addition to jail time and fines, an aggravated battery charge could lead to difficulties with finding a job or housing as well as could create problems with custody.
Speak with a Ft. Lauderdale Aggravated Battery Attorney
Having practiced criminal defense law for decades and serving as local prosecutors for years before that, our F.t Lauderdale aggravated assault lawyers have learned the skills necessary to successfully defend individuals against these charges. We know what to look for in a case and what to highlight, and we know what strategies work, and which do not. If you are looking for a skilled attorney, call today.