Aggravated Battery

In order to understand the crime of aggravated battery, one must first understand simple battery. The legal term “battery” refers to a specific type of criminal charge that involves the unauthorized application of force against another person’s body. This unauthorized application of force will result in an offensive touching or actual physical injury. In general, a charge for criminal battery will result in misdemeanor criminal charges.

However, in some cases, a criminal charge for battery may be more serious and result in the criminal defendant receiving felony criminal charges. As such, simple battery can be described as a less aggravated form of the crime of battery, as it does not involve serious bodily harm.

It is important to note that the crime of battery is governed by individual state statutes. This means that the severity of the crime is determined by your local jurisdiction. In the cases of a more serious injury to the victim, a charge of battery may be elevated to a charge of aggravated battery. The charge may also be elevated if the victim belongs to a protected class.

Aggravated battery also commonly occurs when a deadly weapon is used in the criminal battery act. It is important to note that in most jurisdictions, an aggravated battery charge is contingent upon the defendant’s intent to cause the injury or harm that resulted from their actions.

When determining whether or not an aggravated battery has occurred, the prosecutor must first prove all of the elements of aggravated battery beyond a reasonable doubt. This means that the prosecutor must prove that battery has occurred, along with an aggravating factor. In order to prove the crime of simple battery, the state or federal prosecutor must prove the defendant’s intent, as well as the following three elements:

1. That there was an unlawful application of force;
2. That the defendant made contact with another person without their consent;
3. That the defendant’s contact resulted in either bodily injury or offensive touching.

When proving aggravated battery, the prosecutor must also demonstrate that there were aggravating factors, such as:

• The use of any deadly weapon in the commission of the battery;
• Intent to commit another crime, such as robbery or larceny;
• Intent to kill the victim;
• The battery resulted in serious bodily harm;
• The criminal battery act was done against a protected group, such as a child, woman, disabled person, police officer, or elderly person.

If any of the aggravated battery factors above are demonstrated, then the prosecutor may enhance or elevate the simple battery charge to a felony aggravated battery charge. Common aggravated battery examples include:

• Making physical contact with another person with a weapon or dangerous object;
• Shooting someone with a projectile, such as a gun or bow;
• A criminal battery that results in temporary bodily disfigurement; and/or
• A criminal battery that results in permanent bodily disfigurement or another serious type of injury to the victim.

It is important to quickly note that felony battery is not the same as felony assault. Felony assault, or aggravated assault, is a criminal act that is committed with the intent to create a reasonable apprehension of fear of offensive contact or injury. Unlike aggravated battery, there does not need to be actual physical contact with the victim in order to be considered felony assault. In other words, the mere attempt to cause physical harm to the victim is enough for a person to be charged with felony assault.

What Are the Legal Consequences of Aggravated Battery?

As a felony criminal act, aggravated battery charges can result in serious legal and criminal consequences. For instance, the minimum sentence for aggravated battery is imprisonment of one year or more in a federal prison facility. Additionally, depending on the severity of the battery and the circumstances of the case, there may also be criminal fines and restitution damages that may be ordered to be paid to the victim.

A person who has been convicted of a felony, such as aggravated battery, may also face other legal consequences as a result of their criminal record. For example, the person may find it more difficult to find employment due to their criminal record. Additionally, the person may lose the right to have a driver’s license, vote, or own a firearm. Further, a person may also lose their professional licensure.

It is important to note that it is considerably difficult to get a felony expunged, and as such, being convicted of an aggravated battery can impact an individual for the rest of their life. This is why it is important to consult with an aggravated battery attorney if you have been charged with aggravated battery.

Are There Any Defenses to Aggravated Battery?

A person facing felony aggravated battery charges may have some legal defenses available to them, dependent on the specific circumstances associated with their case. Some legal defenses may serve as complete defenses to the charges brought against them, while others may result in a partial reduction of the sentence or criminal consequences.

Examples of common legal defenses to aggravated battery include:

• Intoxication: In some cases, intoxication may be a legal defense if the defendant was intoxicated at the time of the battery.
  • This is especially true in cases in which the person no longer has control over their actions due to their intoxication.
  • Intoxication as a legal defense is generally applied as a reduction in sentencing rather than a complete defense to the felony charge;
• Self-Defense: Self-defense may be a defense against aggravated battery charges if the person was acting in self-defense when they committed the offense.
  • In order to claim self-defense, the person must have been attacked first, and they must only respond with the same amount of force that was used against them.
  • This means that if a person was attacking them without deadly force, they could not respond with deadly force;
• Duress: Duress may be a defense if a person was under duress at the time the offense was committed, such as someone forcing or coercing them under the threat of harm.
  • For example, if a person is held at gunpoint and forced to commit a battery upon another person, then duress may be used as a defense; and
• Prevention of Crime: Some jurisdictions provide a defense for felony battery if the battery was done in an effort to prevent another crime from occurring.
  • For example, the defense of another or a family member may be a legal defense to an aggravated battery charge.
  • Once again, all circumstances and evidence will be considered when determining whether or not the legal defense applies.

It is important to note that a legal defense must be raised by the defendant or the defendant’s attorney on the defendant’s behalf in order to be considered during the criminal process. If the defendant does not properly raise a legal defense, then none will be considered. Instead, the prosecution will only have the burden to prove the elements of aggravated battery beyond a reasonable doubt.

Do I Need a Lawyer for Assistance With an Aggravated Battery Case?

If you are being accused of committing aggravated battery, it is in your best interests to immediately consult with an experienced criminal lawyer in your area. An experienced criminal defense attorney will be best suited to help you understand your state’s specific laws regarding aggravated battery.

An attorney will also be able to help you determine whether there are any legal defenses available to you based on the specifics of your case. Finally, an attorney will also be able to represent you at any in-person proceeding, as needed, while protecting your rights.