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. 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. To Learn more about our services and qualifications visit Criminal Lawyers Broward County on this site.
Call William Moore if you have been Arrested for Aggravated Battery in Fort Lauderdale, Florida.
Arrested for Battery in Fort Lauderdale?
Fort Lauderdale, attorneys at William Moore Criminal Defense provides years of experienced legal representation and knowledge that is aggressive and skilled in the art of criminal defense. If you or a loved one has just been arrested for Aggravated Battery in Fort Lauderdale and now face criminal charges, contact Battery attorneys at William Moore Criminal Defense for immediate legal answers and available representation in Broward County.
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 according to Fort Lauderdale Criminal Defense Attorneys.
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.
Fort Lauderdale Criminal Defense Attorney, William Moore, explains that 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.
AGGRAVATED BATTERY FORT LAUDERDALE, FL
Crimes of Violence & Violent Acts
784.045 Aggravated battery.–
(1)(a) A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Where a battery in Fort Lauderdale is conducted with a weapon or results in serious injury to the victim, felony charges are to be expected. The most common defense to battery is self-defense. Self defense need not be proven by the attorney for the defense rather merely establish reasonable doubt.
by William Moore