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Aggravated Battery

Brevard County Criminal Defense Attorney

If arrested for aggravated battery in Melbourne or Brevard County, FL, then you NEED an experienced criminal defense lawyer by your side to protect and defend your legal rights at every step of the proceedings. Aggravated Battery in Florida is a serious crime with serious penalties.

Contact our office today for a FREE Case Evaluation.

Aggravated Battery Under Florida Law

To understand the definition of aggravated battery, you must understand the legal definition of simple “battery. Florida Statute 784.03 defines “battery” as intentionally touching or striking a victim against their will or intentionally causing bodily harm to a victim.

A person commits aggravated battery who, in committing a battery: (1) intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement to the victim; or (2) uses a deadly weapon.

A person also 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.

Under Florida Law, aggravated battery is a second degree felony and is punishable by up to 15 years in prison, 15 years of probation, and/or up to $10,000 in fines. However, certain enhanced penalties and minimum mandatory penalties may come into play if a firearm was involved.

Firearms Enhancements

Florida’s “10-20-Life” Law will, upon conviction, mandate the imposition of the following minimum mandatory sentences: (1) If the offender possessed a firearm during the commission of the crime, the mandatory minimum term upon conviction is 10 years. (2) If the offender possessed a semiautomatic firearm or machine gun (defined in Chapter 775) during the commission of the offense, the mandatory minimum term of imprisonment is 15 years. (3) If the offender discharged a firearm during the incident, the mandatory minimum term of imprisonment is 20 years. (4) If the firearm discharged caused the death of or great bodily harm to another, the mandatory minimum term of imprisonment is 25 years.

Possible Defenses to an Aggravated Battery Charge

Depending on the exact facts and circumstances of your case, there may be one or several legal defenses available to you. Common defenses to a charge of aggravated battery include (but are not limited to) the following:

  1. Self Defense
  2. Defense of Others
  3. Stand Your Ground
  4. Alibi Defenses
  5. Lack of intent to cause great bodily harm or disfigurement

An experienced criminal defense attorney will be able to thoroughly dissect the evidence in your case and determine which, if any defenses, may apply to your situation.

Brevard County Aggravated Battery Defense Attorneys

Serious crimes call for serious representation! Attorneys Richard G. Canina and Richard A. Canina have nearly 40 years of experience defending against aggravated battery charges throughout the state of Florida. Utilizing a team approach, our criminal defense law firm sets itself apart from others in the level of detail and personal service that we provide to our clients. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed every step of the way. We work will work hard to get you the best result possible! If you or a loved one have been arrested or believe that you might be arrested for aggravated battery in Brevard County or anywhere in Central Florida, CONTACT our office today for a FREE case evaluation.

The Law Office of Richard G. Canina proudly defends all residents of Brevard County including Melbourne, Palm Bay, Viera, Cocoa, Titusville, Rockledge, and the Beaches. We also serve neighboring Volusia County, Orange County, Seminole County, Osceola County, and Indian River County.

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(321) 728-0989
RichardGCanina@att.net

1901 S. Harbor City Blvd.
Suite 804
Melbourne, Florida 32901

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