A person commits aggravated battery when in the course of committing a battery, the person (1) intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (2) uses a deadly weapon. The prosecutors must prove that the accused used a deadly weapon or that he or she intentionally caused great bodily harm, permanent disfigurement, or permanent disability to the victim. Thus, the difference between the statutory definitions of misdemeanor battery and aggravated battery is that aggravated battery requires great bodily harm or use of a deadly weapon. A simple battery becomes an aggravated battery when a person knowingly or intentionally causes great bodily harm or uses a deadly weapon. Also, 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. Whoever commits aggravated battery is guilty of a felony of the second degree, punishable by up to 15 years in prison.
The term "deadly weapon" is strictly construed as an instrument which, when used in the ordinary manner contemplated by its design and construction, will or is likely to cause death or great bodily harm because of the way it is used during the crime. If the object or instrument is not specifically designed for offensive and defensive purposes or the destruction of life or infliction of physical injuries, the instrument may nevertheless be considered a deadly weapon if it was actually used or threatened to be used in a way likely to cause death or great bodily harm. However, the fact that an instrument actually causes great bodily injury or death does not necessarily characterize it as a deadly weapon for purposes of establishing the commission of an aggravated assault or aggravated battery.
The issue whether a particular weapon is to be classified as deadly is generally a factual question to be resolved by the jury from the evidence, taking into consideration its size, shape, material, and manner in which it was used or was capable of being used under appropriate instructions from the court. Stated differently, the determination as to whether an object not ordinarily considered a weapon has been used in a manner likely to cause death or great bodily harm is a question of fact for jury determination. Whether a weapon is a deadly weapon is a question of fact that should be submitted to the jury to be determined under all the circumstances, taking into consideration the weapon and its capability for use.
While an aggravated battery accusation is very serious, there are many aspects that can lead to having the case dismissed or having the charges and sentence reduced. You need competent and experienced representation to get you the result you want. Erick Cruz has experience successful experience representing individuals accused of aggravated battery. Erick is uniquely capable of closely examining and scrutinizing the investigation and looking for deficiencies in the investigation and violation of your rights. A reoccurring issue in aggravated battery cases is the use of self-defense. Erick will fight to represent your version of the facts to the court in an effort to get your case dismissed, charges or sentence reduced and your arrest record sealed or expunged.
Call Erick to discuss your case and learn how he can defend you and get your case dismissed, charges or sentence reduced and arrest record sealed or expunged.