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Aggravated Battery Causing Great Bodily Harm, Permanent Disfigurement, or Permanent Disability

Arguments can get out of hand quickly, and one act made in the heat of the moment can lead to lifelong consequences for both parties. If you’ve been involved in aggravated battery causing great bodily harm, permanent disfigurement, or permanent disability, your future could be on the line. Don’t leave it up to chance; contact Hanlon Law today to schedule a free consultation. 


What is Aggravated Battery? 


You’ve probably heard of battery charges in conjunction with assault, as in “assault and battery.” However, these are actually two separate charges. Assault is merely the threat of causing harm, without any physical contact between the defendant and alleged victim. 


Battery, on the other hand, is the actual and intentional touching or striking of another person against their will. The attack does not have to cause physical harm in order to qualify as battery. Physical harm does, however, have to be present to take things a step further and graduate battery to aggravated battery. 


Florida Statute 784.045 defines aggravated battery as a situation in which one person:


  1. Intentionally touches or strikes another person against their will
  2. Through that contact, causes “great bodily harm, permanent disability, or permanent disfigurement” OR involves the use of a deadly weapon


Note that the presence of a deadly weapon, such as a gun, can lead to aggravated battery charges whether or not that weapon was actually discharged.


Simple battery charges will also be elevated to aggravated battery charges if the alleged victim was pregnant, and the defendant either knew of the pregnancy or could reasonably be expected to realize the victim was pregnant prior to the attack.


What are the Consequences of Aggravated Battery Causing Great Bodily Harm, Permanent Disfigurement, or Permanent Disability?


Aggravated battery causing great bodily harm, permanent disfigurement, or permanent disability is a second-degree felony in the state of Florida. As such, it is punishable with up to 15 years in prison along with fines up to $10,000. Depending on the circumstances of the case and the judge’s discretion, the defendant may also be required to attend anger management courses, and may forfeit his or her right to legally possess a firearm for the rest of their life.


There are, of course, certain aggravating factors that can increase sentencing: 


  • Prior offenses
  • The presence of a firearm or other deadly weapon
  • The victim belongs to certain vulnerable groups (children, the elderly, the disabled, etc.)
  • The victim was a law enforcement officer, fireman, EMT, or paramedic and the attack occurred during the course of their duties 


Aside from the actual particulars of the sentence, felons can face long-term consequences outside the courtroom. Felons often have difficulty finding jobs and housing, securing educational opportunities, and obtaining professional licensure. In addition, the social ramifications of a felony conviction can follow you all your life. 


Defending Against Aggravated Battery Causing Great Bodily Harm, Permanent Disfigurement, or Permanent Disability Charges


With such a high cost on the line, it’s important to have the best defense strategy. There are many strategies to consider when facing aggravated battery causing great bodily harm, permanent disfigurement, or permanent disability charges, and an experienced defense attorney will go through them all:


  • Self-defense (or defense of others): the aggravated assault in question was committed in self-defense, or to justifiably protect others
  • Lack of intent to cause harm: there is insufficient evidence to prove the defendant intended to cause great bodily harm by their actions
  • Lack of intent to assault: there is insufficient evidence to prove the defendant intended to touch or strike the alleged victim at all
  • Sufficient provocation: the alleged victim spoke or acted in a manner that reasonably spurred the assault as a reaction
  • Mutual Combat/Consent: the harm was caused in the course of mutual combat or other consensual fight


Aggravated Battery Defense Lawyers Near You


If you’ve been charged with aggravated battery causing great bodily harm, permanent disfigurement, or permanent disability, you need the best of the best on your side. At Hanlon Law, our team brings nearly 20 years of experience to the table, and we’ll leverage all of it to your advantage. Our aggressive approach and familiarity with all possible defense strategies mean we’ll help you find the best way forward to secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.