Aggravated Battery in Florida | Definition, Penalties & Defenses

David Weisselberger | November 6, 2023

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Aggravated Battery is a serious criminal offense in Florida, with significant legal consequences for those convicted. Governed by Florida Statute 784.045, this article aims to provide a comprehensive understanding of what constitutes Aggravated Battery in Florida, its penalties, potential legal defenses, and the possibility of expunging one's record to erase the case.

What Is Aggravated Battery in Florida?

Under Florida Statute 784.045, Aggravated Battery involves the intentional touching or striking of another person against their will, with the presence of one or more aggravating factors. These factors distinguish it from simple battery and make it a more severe offense. 

what is Aggravated Battery in Florida

Some of the primary elements that can elevate a battery to the status of Aggravated Battery include:

Use of a Deadly Weapon

One of the most common aggravating factors is using a deadly weapon during the commission of the crime. This could be a firearm, knife, or other object capable of causing significant harm.

Intent to Cause Severe Bodily Harm

If there is clear intent to cause severe bodily harm or injury to the victim, the crime will likely be classified as Aggravated Battery.

Targeting Specific Groups

Aggravated Battery can also apply if the crime is committed against specific individuals, such as law enforcement officers, the elderly, or pregnant women. Targeting these groups often leads to elevated charges.

See Also: What Is Felony Battery & How To Expunge It

What Are the Defenses to Aggravated Battery in Florida?

When facing charges of Aggravated Battery in Florida, it's crucial to explore possible defenses to mitigate or challenge the allegations:

Self-Defense and Justifiable Use of Force

One potential defense is demonstrating that the accused acted in self-defense or used force justifiably. In Florida, individuals can defend themselves or others against imminent harm, provided that the force used is proportional to the threat. Understanding the legal boundaries of self-defense is critical in building a robust defense.

Lack of Intent

Another defense strategy revolves around the lack of intent. If it can be established that the accused did not intend to commit the crime, this defense can be used effectively to challenge the charges.

Alibi and Witness Credibility

The credibility of witnesses and an alibi's presence is vital in Aggravated Battery cases. Providing a strong alibi or challenging the credibility of witnesses can be crucial components of the defense strategy.

Legal Counsel's Role

Engaging a skilled attorney is perhaps one of the most critical aspects of mounting a successful defense. Experienced criminal defense lawyers are experts, despite the complexities of the legal system, who gather evidence and advocate for the accused in court.

Expunging Your Aggravated Battery with Erase The Case

For those who have not been convicted of Aggravated Battery in Florida, there may be a possibility of expunging the aggravated battery charge  from their criminal record. Expungement is a legal process that can provide you with a fresh start by rendering your  criminal records confidential, thus erasing them from public view.

Eligibility for Record Expungement

To be eligible for expungement in Florida, specific criteria must be met, including:

  • Never been found ‘guilty’ or ‘adjudicated delinquent’ of any criminal charge in Florida.
  • Completion of court supervision or probation.  .
  • Charge did not result in ‘Withhold of Adjudication.’
  • No criminal convictions (I.E., adjudication of guilt).
  • No prior record sealing or record expungement in Florida.
  • No other pending petition to expunge or seal in Florida.

Understanding these eligibility requirements is essential for individuals seeking to expunge their records and erase the case from their criminal history.

The Process of Expunging a Conviction

The expungement process involves several steps, including:

  1. Filing a petition with the court.
  2. Obtaining a certificate of eligibility from the Florida Department of Law Enforcement (FDLE).
  3. Paying associated costs. 
  4. Attending a court hearing if the judge requires one or if the State ‘objects.’

Benefits of Expungement

Expungement is a legal remedy that allows individuals to move forward from past mistakes and lead more fulfilling lives. Expunging an Aggravated Battery charge offers several advantages, including:

  • Improved employment prospects: With a clean record, individuals may find it easier to secure employment or better paying employment, advancing their careers.
  • Enhanced housing opportunities: Many landlords and property managers perform background checks on prospective tenants, making an expunged record highly beneficial.
  • Enhanced quality of life: Removing a criminal record ensures an improved overall quality of life, with fewer barriers to opportunities and social acceptance.

Clear your criminal record with our expungement services. We have  Florida’s top expertise to guide you through the way. Our experienced lawyers are ready to discuss our expunging services in Florida, so don’t hesitate to Contact us today!


Is Aggravated Battery a Felony in Florida?

Yes, Aggravated Battery is typically classified as a felony in Florida, with the specific classification often being a second-degree felony. This categorization carries significant legal consequences and penalties.

What is the Penalty for Aggravated Battery in Florida?

The penalties for Aggravated Battery in Florida can include substantial prison sentences, fines, and restitution to the victim. The penalties that may be imposed vary depending on the circumstances of the case.

What is the Difference Between Battery and Aggravated Battery in Florida?

The critical difference between simple battery and aggravated Battery in Florida lies in the presence of aggravating factors. Simple Battery involves unwanted physical contact, while aggravated Battery includes elements such as using a deadly weapon, the intent to cause severe bodily harm, or targeting specific groups.

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David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

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