Assault, Battery & Self-Defense

What is aggravated battery?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A second-degree felony — battery involving great bodily harm, permanent disability or disfigurement, or a deadly weapon.

Aggravated battery elevates a battery based on the severity of the harm or the use of a weapon. It's a second-degree felony, carrying up to fifteen years.

Two routes to the charge. Great bodily harm, permanent disability, or permanent disfigurement — a standard higher than ordinary injury, and genuinely contestable. Or use of a deadly weapon, which is broader than firearms and knives; courts have found ordinary objects to qualify depending on how they were used.

There's also a provision covering battery on a person the offender knew or should have known was pregnant.

Where these cases are fought: whether the injuries actually meet the "great bodily harm" threshold rather than being serious-but-not-qualifying, whether an object was used in a manner making it a deadly weapon, and whether the force used was justified.

Because a weapon is often involved, sentencing enhancements can apply, which makes the weapon allegation worth attacking independently of guilt.

"Serious injury" and "great bodily harm" aren't the same standard. That gap is where the case lives. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.