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Aggravated Assault

Aggravated Assault/Aggravated Battery/ Felony Battery

If you've been arrested for Aggravated Assault, Aggravated Battery, or for Felony Battery, you face serious felony criminal charges. Aggravated Battery is a second-degree felony and a crime of violence. It is charged when an actual violent act causes great bodily harm, permanent disability or disfigurement. Florida's Aggravated Battery law can also be charged when a deadly weapon is used.

An aggravated assault arrest can result from throwing an object likely to cause great bodily harm at someone, even if the object doesn't hit that person. Aggravated Assault can also include an assault with intent to rape or murder. An aggravated assault can be distinguished from simple assault, which is a misdemeanor offense, by determining the offender's intent and the nature of the assault, the extent of the injury to the victim, or the use of a deadly weapon. A felony battery arrest often results in third- degree felony charges, except for the fact that it is a third-degree felony and does not include the element of using a deadly weapon. Felony battery is very similar to aggravated battery.

The use of a firearm in any of these cases can trigger prosecution under Florida's 10-20-Life statute. Use of a firearm also can increase the degree of felony that is charged. For example, an arrest for aggravated assault with a firearm becomes a second-degree felony instead of a third-degree felony.

At Arnold Law Firm, we practice not just the science of lawyering but the art of being a lawyer. Our attorneys have prosecuted and defended hundreds of Aggravated Assault, Aggravated Battery, and Felony Battery matters. Self-Defense, justification, or the lack of permanent disfigurement or disability is defenses to these types of cases. We don't just repeat facts and drone on, instead, we make the prosecutor, judge and jury feel and experience the client's story to provide each client with a complete and through defense. Contact our experienced criminal defense attorneys for a 30 minute free consultation today at if you have been arrested for Aggravated Assault/Battery or Felony Battery.

Below are Florida's Felony Battery, Aggravated Battery, and Aggravated Assault Statutes.

784.03 Battery; felony battery.

(1)(a) The offense of battery occurs when a person:

1. Actually and intentionally touches or strikes another person against the will of the other; or

2. Intentionally causes bodily harm to another person.

(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

History.--s. 5, Feb. 10, 1832; RS 2401; s. 1, ch. 5135, 1903; GS 3227; RGS 5060; CGL 7162; s. 2, ch. 70-88; s. 730, ch. 71-136; s. 19, ch. 74-383; s. 9, ch. 75-298; s. 172, ch. 91-224; s. 5, ch. 96-392; s. 4, ch. 2001-50.

784.041 Felony battery; domestic battery by strangulation.

1) A person commits felony battery if he or she:

(a) Actually and intentionally touches or strikes another person against the will of the other; and

(b) Causes great bodily harm, permanent disability, or permanent disfigurement.

(2)(a) A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.

(b) As used in this subsection, the term:

1. "Family or household member" has the same meaning as in s. 741.28.

2. "Dating relationship" means a continuing and significant relationship of a romantic or intimate nature.

(3) A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 1, ch. 97-183; s. 1, ch. 2007-133.

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.

History.--s. 1, ch. 70-63; s. 732, ch. 71-136; s. 20, ch. 74-383; s. 10, ch. 75-298; s. 3, ch. 88-344.

Updated as of September 1, 2009 from http://www.flsenate.gov/.

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