Aggravated Battery Defense Attorney

According to Florida Statute 784.045(1)(a) the crime of Aggravated Battery is defined as an intentional battery with a deadly weapon, intentionally causing great bodily harm, or battery against a pregnant person.

The state must prove beyond a reasonable doubt that:

  1. the defendant intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement;
  2. used a deadly weapon while committing the battery; or
  3. battered a woman that the defendant knew or should have known was pregnant at the time.

“Great bodily harm” is broadly defined by Florida Courts as something more than “slight, trvial, minor, moderate, or some harm.” (See, Nguyen v State of Florida, 566 So.2d 368 [1990])


The crime of Aggravated Battery is a second-degree felony and is a Level 7 offense under Florida’s Criminal Punishment Code. Aggravated Battery is punishable by:

  • up to fifteen years in prison (minimum sentence of 21 months);
  • up to fifteen years on probation; and
  • a $10,000 fine.

Aggravated Battery with a Deadly Weapon are essentially the same crimes, but the presence of a deadly weapon during the criminal actions, and that weapon being a firearm results in a mandatory prison sentence of Florida’ 10-20-Life law. As set forth in Florida Statute 775.087(a)(1), the 10-20-Life would sentence the defendant to one of the following mandatory minimum prison sentences:

  • 10 years in prison if in possession of a firearm during the crime;
  • 20 years in prison if the firearm was discharged during the crime; and
  • 25 years in prison if someone is injured or killed by the firearm as a result of the crime.

Possible Defenses

Aggravated Battery may be combated with several defenses that include:

  • The victim gave consent for such battery;

  • The actions by defendant were of self-defense;
  • The defendant lack knowledge of pregnancy; and/or
  • There is insufficient intent by the defendant to commit such an act.


If you find yourself standing accused of Aggravated Battery, you need to be sure you have a good lawyer on your side. Facing Aggravated Battery charges, can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.