Use a deadly weapon to hurt someone and cause serious bodily injury and you will likely be charged with felony aggravated battery. Many states also consider felony aggravated battery charges if the victim was a child, elderly or a police officer. Many beatings that are considered hate crimes because of the race, sex or sexual orientation of the victim are also charged as felony aggravated battery in some states. The use of a weapon and the nature of the injuries differentiate the charge from simple battery, a misdemeanor. Felony charges always carry a stiffer penalty. In most states, felony aggravated battery has a minimum sentence of one year in jail. Offenders will also serve lengthy terms on probation, pay fines, do community service and may be required to pay restitution to their victims. If domestic violence is involved, the offender may be ordered to stay away from his or her victim.