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Aggravated Battery Mandatory Minimums

Aggravated battery, by itself, is a second-degree felony punishable by up to 15 years in Florida state prison.

Additionally, the charge of aggravated battery carries a sentence of 21 months in state prison at the bottom of your guidelines pursuant to the Florida Criminal Punishment Code.

This score only applies if you have no prior criminal history. If you have priors, your bottom of the guideline score will be higher.

Your bottom of the guideline score is not a mandatory sentence. The prosecutor can offer you a plea that is “below guidelines.” As well, the judge can sentence you below your recommended guideline range.

Aggravated battery requires the state to prove that the offender committed a battery and intentionally caused great bodily harm, permanent disability, or permanent disfigurement; the offender committed a battery and used a deadly weapon; or the offender committed a battery against a pregnant female while knowing that the female was pregnant.

However, certain aggravated battery charges carry mandatory minimum sentences. That means that if convicted, the judge must impose at least the mandatory minimum sentence.

Aggravated battery upon a law enforcement officer (LEO) carries a minimum prison term of 5 years, as well as raises the maximum exposure from 15 years to 30 years.

Aggravated battery with a firearm carries a mandatory minimum sentence of 25 years if a person is seriously injured as a result of the discharge of a firearm.

Aggravated battery upon a person 65 years of age or older, the maximum exposure goes from 15 years up to 30 years with a 3 year mandatory minimum prison term.

Aggravated battery is serious offense due to the fact that there is an alleged victim who has supposedly suffered great bodily injury. Prosecutors listen carefully to their victims and will be guided in their decision-making by the victim's desires.

Even if you have no priors and the victim wants jail or prison, the prosecutor will likely offer it.

Eric Matheny is a Miami aggravated battery lawyer and Broward aggravated battery lawyer representing clients charged with aggravated battery in Miami-Dade County, Florida, and Broward County, Florida.