Orlando Aggravated Battery Defense Attorney
Former Prosecutor | Over 10 years of Experience | More than 40 trials
If you have been arrested for aggravated battery, you may be facing years in prison, significant fines, and a permanent felony conviction. The decisions you make in the days after arrest, even before your first court date, can have a lasting impact on your future. Former prosecutor Ben Baxter provides strategic, comprehensive defense for clients facing aggravated battery charges throughout Orlando and Central Florida.
Aggravated battery is considered a violent crime and is charged as a serious felony offense in Florida. A conviction for Aggravated Battery can result in a prison sentence, probation, fines, and a permanent criminal record. These charges can also qualify someone as a “Violent Felony Offender of Special Concern,” which may lead to a lengthy mandatory prison sentence in the event that there is a probation violation.
If you have been arrested for aggravated battery, you deserve an experienced criminal defense attorney who understands how the prosecution handles these cases and can develop a proactive defense to protect your rights, freedom, and your future.
Aggravated Battery under Florida Law
To prove aggravated battery charges (Florida Statute 784.045), the State must establish beyond a reasonable doubt that the accused:
- Intentionally touched or struck another person against their will; or
- Intentionally caused bodily harm to another person.
An aggravated battery case also requires proof of one of the following additional elements:
- The act caused great bodily harm, permanent disability, or disfigurement; or
- The act involved the use of a deadly weapon; or
- The accused knew or should have known that the victim was pregnant at the time of the incident.
Bond in Aggravated Battery Cases
Aggravated battery is a serious violent felony under Florida law. As a result, if you are arrested for this offense, you typically will not be released from custody until you appear before a Judge at a first appearance hearing. This hearing is typically held within 24 hours of an arrest.
At first appearance, the Judge will determine whether probable cause existed for the arrest, decide whether to set bond, and determine the conditions of your release. The prosecutor may argue for a higher bond or that no bond be set in certain circumstances. Your attorney can also present information about your background, ties to the community, employment, and other factors supporting a lower bond or less restrictive conditions of release.
If you hire a criminal defense attorney before your first appearance, that attorney can begin investigating your case immediately, advocate for more favorable release conditions, and present information to prosecutors that may persuade them to reduce charges or even decline prosecution altogether.
Violent Felony Offender of Special Concern
Felony Aggravated Battery charges carry severe penalties, including prison sentences; but an Aggravated Battery conviction may also classify a person as a Violent Felony Offender of Special Concern (Florida Statute 948.06), which can trigger enhanced penalties for a violation of probation, including a mandatory prison sentence.
Defenses to Aggravated Battery in Florida
Aggravated Battery cases are fact specific, and the evidence is often entirely testimonial, making it one person’s word against another. These cases can also involve evidence regarding highly complex medical questions regarding whether injuries qualify as great bodily harm or constitute permanent disfigurement or disability.
One of the most common defenses in Aggravated Battery cases is self-defense immunity under Florida’s Stand Your Ground Law (Florida Statute 776.032). This law allows individuals to use reasonable force to protect themselves, others, or their property. In certain rare circumstances, the law may even justify the use of deadly force. Other defenses often include arguments that the allegations are false, that the accused lack the required knowledge or intent, that there was mutual combat or consent, or that the evidence itself is insufficient to meet the State’s burden of proving the case beyond a reasonable doubt.
Self Defense and Stand Your Ground
Florida’s Stand Your Ground law (Florida Statute 776.032) permits the use of force if you reasonably believe that such use of force is necessary to defend yourself or others. Under certain circumstances, you may use deadly force to defend yourself or others. An experienced aggravated battery defense attorney can evaluate the evidence in your case and file a motion to dismiss the charges if you were acting in self-defense.
Lack of Intent
To prove an aggravated battery charge in Florida, the State must establish that you committed an intentional act which resulted in the unconsented touching of another. The prosecution must also show that one of the aggravating factors was present at the time of the incident: 1) a deadly weapon was used; 2) the victim suffered great bodily harm; or 3) the victim was pregnant at the time of the incident.
A criminal defense attorney can scrutinize the witness testimony, photographic and video evidence, and other items in the case file to evaluate whether or not the act itself was committed with intent.
The Lack of Injury, disfigurement, or disability
In some aggravated battery cases, the prosecution must prove beyond a reasonable doubt that the victim suffered great bodily harm, permanent disability, or permanent disfigurement. Great bodily harm may include a serious or life-threatening injury; permanent disability could be a loss or diminishment of function in a limb; and permanent disfigurement can be scarring.
An experienced aggravated battery defense attorney can review photographs, victim statements, and medical records to determine if the alleged injury is legally sufficient to support an aggravated battery prosecution. They can also depose witnesses and conduct an independent investigation to develop a comprehensive defense to aggravated battery charges involving injuries.
The lack of Knowledge of a victim’s pregnancy
If an aggravated battery charge is based on the fact that the alleged victim is pregnant, the State must prove beyond a reasonable doubt that you knew that the victim was pregnant at the time of the incident. If you are charged with aggravated battery upon a pregnant person, you need an experienced criminal defense attorney to scrutinize the evidence against you and develop a strategic defense to challenge the allegation that you were aware of the pregnancy.
A Former Prosecutor on Your Side
Central Florida Justice founder Ben Baxter is former prosecutor and Orlando criminal defense attorney with over a decade of experience in criminal law. As a former prosecutor, he understands how the State Attorney’s Office investigates, files, and prosecutes aggravated battery charges. He uses that insight to anticipate the prosecution’s strategy, identify weaknesses in the State’s evidence, and develop a proactive defense tailored to the facts of each case.
Central Florida Justice can Help
If you are facing an aggravated battery allegation, Central Florida Justice can help:
- Represent you at first appearance and bond hearings when possible;
- Conduct an independent investigation;
- Review witness statements and physical evidence;
- Depose witnesses to uncover inconsistencies and additional defenses;
- Examine whether your constitutional rights were violated;
- Evaluate possible self-defense claims;
- Negotiate with prosecutors when appropriate; and
- Prepare your case for trial when necessary.
Central Florida Justice believes that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.
Every aggravated battery case is different. An arrest is not a conviction, and early intervention by an experienced defense attorney can make a meaningful difference in how a case is resolved.
If you or someone you know has been arrested for Aggravated Battery in Orlando or the Central Florida area, including Osceola, Lake, Polk, Seminole, and Brevard Counties, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with Orlando criminal defense attorney Ben Baxter.
