To prove aggravated battery, simple battery must first be proven. According to Florida Statutes §784.03, battery is defined as "actually and intentionally" touching or striking another person against their will and intentionally causing bodily harm to that person. Battery is a misdemeanor in the first degree.

Aggravated battery - F.S. §784.045

Battery is exasperated when the person causes great bodily harm intentionally or with knowledge), permanently disables or disfigures a person, or uses a deadly weapon (F.S. §784.045 - Aggravated battery).

You may also be charged with aggravated battery if the victim was pregnant when the offense happened and you knew or should have known that the victim was pregnant. Aggravated battery on a pregnant female is also felony punishable by a term of imprisonment.

Aggravated battery may be charged even if the suspect strikes an extension of the alleged victim. These cases most often involve automobiles.

In Johnnie Wilmer Clark vs. State of Florida, the Petitioner was discovered removing materials from a construction site. An employee and his supervisor tried to block the Petitioner's exit from the property with their trucks. The Petitioner struck the supervisor's truck with his own, causing the supervisor to spin around.

In this case, the Supreme Court ruled that there was, indeed, intentional touching of the person (of the supervisor), and that the lower Court's ruling of aggravated battery was a correct ruling. The Petitioner's truck was considered a deadly weapon since he caused harm to the occupant supervisor of the truck he hit. Automobiles are always considered to be "deadly weapons" for purposes of the Aggravated Battery statute.

William Moore has successfully handled countless aggravated battery cases. To determine the strengths of your case, speak to William directly by calling our office today.