Aggravated Battery

Aggravated battery (with weapon, deadly weapon, firearm, serious bodily injury, on elderly) is the lower offense of battery combined with intentionally or knowingly causing great bodily harm; or using a deadly weapon in the process of committing battery. Both federal and Florida law include heavy fines and severe criminal penalties, including potential mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to LIFE. Mr. Petruzzi has represented numerous individuals charged with, or under investigation for, aggravated battery offenses by both federal and state authorities. His experience and knowledge serve as an invaluable asset to his clients.

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Federal aggravated battery offenses are investigated and prosecuted by various agencies, including the FBI, ATF, Secret Service and the U.S. Department of Justice. Some common federal statutes criminalizing aggravated battery include:

18 USC Sec. 113:

(a) Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:

(1) Assault with intent to commit murder, by imprisonment for not more than 20 years

(2) Assault with intent to commit any felony, except murder or a felony under chapter 109A, by a fine under this title or imprisonment for not more than 10 years, or both

(3) Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by a fine under this title or imprisonment for not more than 10 years, or both

(4) Assault by striking, beating or wounding, by a fine under this title or imprisonment for not more than six months, or both.

(5) Simple assault, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both

(6) Assault resulting in serious bodily injury, by a fine under this title or imprisonment for not more than 10 years, or both

(7) Assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 5 years, or both

Florida aggravated battery offenses are investigated and prosecuted by various state and local law enforcement agencies. Some common Florida statutes criminalizing aggravated battery include:

784.045 Aggravated battery:

(1) (a) A person commits aggravated battery who, in committing battery:

1. Intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement

2. Uses a deadly weapon

(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant

(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084