What Factors Can Elevate Battery Charges to Aggravated Battery?
Battery charges are serious offenses in the state of Florida, but when certain factors are present, they can escalate to aggravated battery charges, leading to even harsher penalties. In Florida, aggravated battery is a felony offense, and conviction can result in severe consequences, including lengthy prison sentences and significant fines.
As the best battery defense lawyers in Tampa, we at The Rickman Law Firm have the experience to understand which factors can have a drastic influence on simple battery charges and how to defend against them.
Severity of Injury
One of the primary factors that elevate battery charges to aggravated battery in Florida is the severity of the injuries inflicted upon the victim. If the victim suffers serious bodily harm or permanent disfigurement as a result of the battery, the offense is likely to be classified as aggravated battery. In reference to this aggravating factor, serious bodily harm refers to injuries that pose a substantial risk of death, cause permanent disfigurement, or result in the loss or impairment of bodily function.
Use of Deadly Weapon
The use of a deadly weapon during the commission of a battery automatically escalates the offense to aggravated battery in Florida. A deadly weapon can include firearms, knives, blunt objects, or any instrument used or threatened to be used in a manner likely to cause death or great bodily harm. It is important to note that even the mere presence of a deadly weapon, even if not directly used to inflict harm, can lead to aggravated battery charges.
Location of the Incident
The location where the battery occurs can also impact the severity of the charges. For example, if the battery occurs in a specified location such as a school, childcare facility, or public transit vehicle, it may be considered aggravated battery under Florida law. This is because these types of locations are public and can potentially lead to more vulnerable populations, such as children, being in danger of harm.
Prior Convictions
Any prior criminal history can also influence the classification of battery offenses. If you have a history of violent offenses or prior convictions for battery, assault, or other related crimes, it may lead to the escalation of charges to aggravated battery. Repeat offenders are often subject to harsher penalties in order to deter future illegal offenses to be done.
If you have any previous criminal history, it is extremely important that you immediately disclose it to your Tampa battery lawyer with The Rickman Law Firm.
Do Not Face Either a Battery or Aggravated Battery Charge Alone
At The Rickman Law Firm, our battery defense lawyers in Tampa are dedicated to being working strategically and effectively to achieve the most favorable outcome possible in every single case we take.
For a free case consultation from one of our Tampa battery lawyers, contact our office at (813) 370-1185 or fill out the consultation form on our website.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.