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Aggravated Battery

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A charge of aggravated battery is a serious felony offense that typically carries very significant penalties. Aggravated battery differs from simple battery both in the severity of the injuries to the individual as well as the presence of some type of enhancing or aggravating factor. These factors can include battery involving a child or an elderly person, battery of a peace officer,  the battery occurred in a school zone or a public transit vehicle or station or the battery involved the use of a weapon. In aggravated battery cases the weapon can be real or implied, which means that if the victim thought there was a weapon present even a simple battery can be bumped to aggravated battery.

Aggravated Battery Penalties

There is a fairly wide range of possible penalties with aggravated battery charges. These will often vary depending on the severity of the injuries to the individual as well as if it is first offense and if a weapon was used or implied in the attack. Often if the injuries to the individual are permanent and will result in disability or disfigurement the maximum penalties are ordered, even with a first offense.

Possible Penalties

  • Jail time
  • Probation and electronic monitoring
  • Parole
  • Loss of the right to own or possess a firearm or weapon
  • Restitution to the victim
  • Fines and court costs

Aggravated Battery Sentencing

There are some defenses that can be presented to the court in cases of aggravated battery charges. A criminal defense attorney can argue a case for self-defense or protection of another in some situations, plus they can also present to the court issues that may have led to the incident occurring. In some situations the charges, especially on a first incident with mitigating factors, may be reduced to a misdemeanor charge with minimum jail time or alternative sentencing.

Aggravated Battery Charges And Legal Help

Any type of violent crime felony offense is a serious charge that will affect you for the rest of your life. It may be difficult to impossible to find employment and you may have serious restrictions placed on you during parole or probation on top of significant jail time. Working with a criminal defense attorney is the best way to ensure you receive the best defense and the least punitive type of sentence.

Aggravated Battery: Fines and Jail by State

Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!

StateAvg. FinesAvg. JailAvg. ProbationOther
Alabama10001 year3 yearscommunity service
Alaska10005 to 10 yearsthree yearsLicense suspension 90 days
Arizona250-100030-90 days 3 years Not Available
Arkansasup to $10000up to 30 years in prisonup to 5 yearsMay be ordered to pay restitution, seek counseling and perform community service.
Colorado$2000 - $10000 10 to 16 months 2 yearcommunity service
Connecticut$1000 maximum2 year maximum6 months - 1 yearNot Available
Delaware0-$10,0001-5 years 6 months-2 yearsOrdered community service, loss or suspension of license, forced enrollment in anger management class, restitution to victim
FloridaVaries by Case15 yearVaries by CaseNot Available
GeorgiaVaries by Case1-20 yearsVaries by CaseNot Available
Hawaiiup to $1000 3 to 7 yearsup to 3 yearsJudge may order restitution.
IdahoUp to $5,000Not to exceed fifteen yearsProbation up to 5 yearsNot Available
IllinoisUp to $25,0002-5 yearsVaries by CaseNot Available
Indiana$1,000 - $2,000241. (a) imprisonment in the county jail not exceeding six months.241. (c)jail not exceeding one yearup to 5 years.Rape or sexual assault ,Attempted murder or murder ,Kidnapping
Iowa1000015 years10 years150 hours public service
KansasUp to $300,000aggravated, reckless bodily harm)Up to 9 Months in Prison.(aggravated, intentional bodily harm)up to 43 monthVaries by CaseNot Available
Kentucky$500 fine90 days county jail1 year probation1 year community control
Louisianaup to $50Varies Widely by CaseVaries by CaseNot Available
Maineup to $100006-30 yearsup to 5 yearsJudge may order counseling and restitution as a result.
Maryland100005 to 10 yearsfour yearsPanel weighs death penalty
Massachusettsup to $1,000 fine up to 1 years in prison up to 6 years.charged with Murder Attempt,etc...
Michigan500one year 10 yearsstatute requires
Minnesotaup to $ 2000up to 30 years in prison2-5 years Not Available
Mississippi1500-250030 -60 days 3 years maxAnger Mangement
Missouriup to $5000up to 7 yearsno probationNot Available
Montana10000up to 18 monthsVaries by CaseNot Available
Nebraskaupto $500upto 3 years Driving Licence30 hours of public service
Nevada$1000 to $250000 up to five years25 to 29 monthsNot Available
New Hampshire1500-25002-7 years max5 years max Anger Mangement
New Jersey10001 yearVaries by CaseNot Available
New Mexico1500-25002-5 years5 years max Anger Mangement
New York50005 years5-Yearshall be imposed for each violation
North Carolina1200-15002-5 years 5 years maxNot Available
North Dakota1000010 to 16 total months twenty-four months.1 of 10 aggravating circumstances
Ohio1500-25002-7 years 5 years maxAnger Mangement
Oklahomanot more than $500.00up to 1 year in County Jail or up to 5 years in State PrisonVaries by CaseNot Available
Oregon$1000 to $100001 day to 18 monthsfive yearsNot Available
PennsylvaniaNAVaries Widely by Case10community service
Rhode Island250-100030-90 days 3 years Anger Mangement
South CarolinaVaries by CaseVaries Widely by Case3 yearsnon-murder crimes ... Aggravated assault by incarcerated
South Dakota10000five-yearsthree yearscommunity service
Tennessee0-$50,000 based on harshness of the offense0-long term (ie. 75 years) based upon the harshness of the offense0-5 yearsMandatory community service, restitutions to victims, mandatory enrollment in Anger Management Class, loss or suspension of license, mark on criminal record
Texasup to $4,000.00up to 1 yearVaries by CaseNot Available
Utah1500-25003-5 years 5 years max Anger Mangement
Vermontup to $10,000.00up to 15 yearsVaries by CaseNot Available
Virginia1500-2500not less than one nor more than 20 years5 years Not Available
Washington$375-$1000002-25 years 5 yearscommunity service
West Virginia100010 years2 yearscommunity service
Wisconsin1,000 TO 100,00090 DAYS TO25 YEARSVaries by CaseNot Available
Wyomingnot listedAggravated assault and battery is a felony punishable by imprisonment for not more than ten (10) years.discretion of judgeNot Available

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