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Aggravated Battery
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.
- If you have been charged with Aggravated Battery, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Aggravated Battery: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | 1000 | 1 year | 3 years | community service |
| Alaska | 1000 | 5 to 10 years | three years | License suspension 90 days |
| Arizona | 250-1000 | 30-90 days | 3 years | Not Available |
| Arkansas | up to $10000 | up to 30 years in prison | up to 5 years | May be ordered to pay restitution, seek counseling and perform community service. |
| Colorado | $2000 - $10000 | 10 to 16 months | 2 year | community service |
| Connecticut | $1000 maximum | 2 year maximum | 6 months - 1 year | Not Available |
| Delaware | 0-$10,000 | 1-5 years | 6 months-2 years | Ordered community service, loss or suspension of license, forced enrollment in anger management class, restitution to victim |
| Florida | Varies by Case | 15 year | Varies by Case | Not Available |
| Georgia | Varies by Case | 1-20 years | Varies by Case | Not Available |
| Hawaii | up to $1000 | 3 to 7 years | up to 3 years | Judge may order restitution. |
| Idaho | Up to $5,000 | Not to exceed fifteen years | Probation up to 5 years | Not Available |
| Illinois | Up to $25,000 | 2-5 years | Varies by Case | Not Available |
| Indiana | $1,000 - $2,000 | 241. (a) imprisonment in the county jail not exceeding six months.241. (c)jail not exceeding one year | up to 5 years. | Rape or sexual assault ,Attempted murder or murder ,Kidnapping |
| Iowa | 10000 | 15 years | 10 years | 150 hours public service |
| Kansas | Up to $300,000 | aggravated, reckless bodily harm)Up to 9 Months in Prison.(aggravated, intentional bodily harm)up to 43 month | Varies by Case | Not Available |
| Kentucky | $500 fine | 90 days county jail | 1 year probation | 1 year community control |
| Louisiana | up to $50 | Varies Widely by Case | Varies by Case | Not Available |
| Maine | up to $10000 | 6-30 years | up to 5 years | Judge may order counseling and restitution as a result. |
| Maryland | 10000 | 5 to 10 years | four years | Panel weighs death penalty |
| Massachusetts | up to $1,000 fine | up to 1 years in prison | up to 6 years. | charged with Murder Attempt,etc... |
| Michigan | 500 | one year | 10 years | statute requires |
| Minnesota | up to $ 2000 | up to 30 years in prison | 2-5 years | Not Available |
| Mississippi | 1500-2500 | 30 -60 days | 3 years max | Anger Mangement |
| Missouri | up to $5000 | up to 7 years | no probation | Not Available |
| Montana | 10000 | up to 18 months | Varies by Case | Not Available |
| Nebraska | upto $500 | upto 3 years | Driving Licence | 30 hours of public service |
| Nevada | $1000 to $250000 | up to five years | 25 to 29 months | Not Available |
| New Hampshire | 1500-2500 | 2-7 years max | 5 years max | Anger Mangement |
| New Jersey | 1000 | 1 year | Varies by Case | Not Available |
| New Mexico | 1500-2500 | 2-5 years | 5 years max | Anger Mangement |
| New York | 5000 | 5 years | 5-Year | shall be imposed for each violation |
| North Carolina | 1200-1500 | 2-5 years | 5 years max | Not Available |
| North Dakota | 10000 | 10 to 16 total months | twenty-four months. | 1 of 10 aggravating circumstances |
| Ohio | 1500-2500 | 2-7 years | 5 years max | Anger Mangement |
| Oklahoma | not more than $500.00 | up to 1 year in County Jail or up to 5 years in State Prison | Varies by Case | Not Available |
| Oregon | $1000 to $10000 | 1 day to 18 months | five years | Not Available |
| Pennsylvania | NA | Varies Widely by Case | 10 | community service |
| Rhode Island | 250-1000 | 30-90 days | 3 years | Anger Mangement |
| South Carolina | Varies by Case | Varies Widely by Case | 3 years | non-murder crimes ... Aggravated assault by incarcerated |
| South Dakota | 10000 | five-years | three years | community service |
| Tennessee | 0-$50,000 based on harshness of the offense | 0-long term (ie. 75 years) based upon the harshness of the offense | 0-5 years | Mandatory community service, restitutions to victims, mandatory enrollment in Anger Management Class, loss or suspension of license, mark on criminal record |
| Texas | up to $4,000.00 | up to 1 year | Varies by Case | Not Available |
| Utah | 1500-2500 | 3-5 years | 5 years max | Anger Mangement |
| Vermont | up to $10,000.00 | up to 15 years | Varies by Case | Not Available |
| Virginia | 1500-2500 | not less than one nor more than 20 years | 5 years | Not Available |
| Washington | $375-$100000 | 2-25 years | 5 years | community service |
| West Virginia | 1000 | 10 years | 2 years | community service |
| Wisconsin | 1,000 TO 100,000 | 90 DAYS TO25 YEARS | Varies by Case | Not Available |
| Wyoming | not listed | Aggravated assault and battery is a felony punishable by imprisonment for not more than ten (10) years. | discretion of judge | Not Available |
- If you have been charged with Aggravated Battery, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Legal Answers
- I acted in self defense against an attacker and am being charged with assault. Is there any Assault Defense law?
- How does the process of being arrested and charged for criminal assault work? My friend was just arrested for assault.
- How does assault defense work when you assault someone in self defense and get charged with assault and battery??
- My son has been wrongly identified for a crime and I am his witness to where he was, do we still need an attorney?
- What is required to sustain criminal charges under Californias anti-gang statutes?
