Florida Statute 784.045 defines Aggravated Battery as:

(1)(a) a person commits Aggravated Battery who, in committing a 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.


An Aggravated Battery is generally classified as a 2nd degree felony and carries the following penalties:

  • Up to 15 years in prison; or

  • Up to 15 years on probation; and

  • Up to a $10,000.00 fine

Note: there can be additional conditions such as a stay away order and a no contact order as well as restitution. Additionally, if the victim is an officer, the sentence can include minimum mandatory prison time.


The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. In those instances, Florida’s 10-20-Life Law will, upon conviction, mandate the imposition of the following minimum mandatory sentences:

  • Firearm Possessed During Incident

    • Minimum term of imprisonment of 10 years.

  • Semiautomatic Firearm or Machine Gun Possessed During Incident

    • Minimum term of imprisonment of 15 years.

  • Firearm Discharged During Incident

    • Minimum term of imprisonment of 20 years.

  • Firearm Discharged and Death or Great Bodily Harm is Caused

    • Minimum term of imprisonment of 25 years.


Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:

  • Self-defense;

  • Defense of others;

  • Stand your ground;

  • Mutual combat;

  • Lack of intent;

  • Factual disputes.

Given the harsh penalties applicable to an Aggravated Battery charge, an attorney is essential to protect the rights and interests of the accused, and to raise all defenses that may be available in such a case. Don’t risk being blindsided.


Charged with aggravated battery? Contact us today.

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