In order to prove the offense of Aggravated Battery under Florida Statutes, the prosecution must be able to prove the two elements of Simple Battery, but then also prove an additional element depending on the type of aggravating circumstance (weapon or serious bodily injury). Therefore, Battery or Aggravated Battery (a felony) requires that the prosecutor prove all of the elements of battery, plus that in committing the battery, the defendant either:
- Defendant intentionally struck or touched the alleged victim.
- The intentional strike or touching was against the will of the alleged victim or without their consent.
- The intentional strike or touching caused great bodily harm or permanent disfigurement to the alleged victim; OR
- A deadly weapon was used during the intentional strike or touching, in a manner likely to cause great bodily harm (or death).
If you’ve been arrested and charged with aggravated batter either in Fort Walton Beach, Destin or elsewhere in Okaloosa County, Flordida, why not talk with a first-rate defense attorney for free. Call me at (850) 362-6655.
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Thomas Shawn Lupella P.A.
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Destin, FL 32541
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DeFuniak Springs, FL 32433