Aggravated battery charges? Read on . . .
8.4 AGGRAVATED BATTERY
To prove the crime of Aggravated Battery, the State must prove the following two elements beyond a reasonable doubt. The first element is a definition of battery.
1. (Defendant)
[intentionally touched or struck (victim) against [his] [her] will].
[intentionally caused bodily harm to (victim)].
Give 2a or 2b as applicable.
2. (Defendant) in committing the battery
a. intentionally or knowingly caused
[great bodily harm to (victim)].
[permanent disability to (victim)].
[permanent disfigurement to (victim)].
b. used a deadly weapon.
Definition. Give if 2b alleged.
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.
Lesser Included Offenses
|
AGGRAVATED BATTERY — 784.045(1)(a) |
|||
|
CATEGORY ONE |
CATEGORY TWO |
FLA. STAT. |
INS. NO. |
|
Battery |
— |
784.03 |
8.3 |
|
Felony battery |
— |
784.041 |
8.5 |
| — |
Attempt |
777.04(1) |
5.1 |
| — |
Improper exhibition of dangerous weapons or firearms |
790.10 |
10.5 |
| — |
Discharging a firearms in public |
790.15 |
10.6 |
Comment
The lesser included offense of Felony Battery is only applicable if element 2a is charged and proved.
This instruction was approved in 1981 and amended in 1989 [543 So.2d 1205], and 2007.
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If you are charged with aggravated battery, contact attorney Joe Bodiford. Joe has been defending people from aggravated battery charges for years. No matter the situation, Joe has seen it. He is an expert in cross examination, and knows that cross examination wins cases! Unfortunately, too many lawyers are lousy at cross examination. Combining that skill with almost a quarter century of experience in investigating cases – with Joe you get the best defense against a aggravated battery charge.
You may be entitled to claim self-defense, or “Stand Your Ground”. You need to contact Joe Bodiford and his firm right away. Remember, the government is already working on your case.
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