I was charged with aggravated battery, what are the consequences?

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Question:

I was in a fight, and I thought that the guy was pulling a knife on me, so I grabbed a broken bottle from the street and stabbed him with it.  The police arrived to break up the fight, but it was dark, and in the confusion, I also punched a cop in the face.  Why was I charged with aggravated battery, and what are the crime penalties I face if I am convicted?

Answer:

The crime of simple battery is the illegal use of force against another person that results in physical contact that is offensive or harmful, and it is generally classified as a misdemeanor, although the classification depends on state statute.  Aggravated battery is a more serious criminal charge, usually a felony.  State laws define specific “aggravating factors” - ways in which battery can rise to the level of becoming aggravated battery.  In some cases, it may depend on the seriousness of the harm inflicted, whether a weapon was involved, or even the status of the victim (many statutes, for example, make any battery against a police officer an aggravated battery, regardless of the seriousness of any resulting harm).  In your case, you may have been charged with aggravated battery because you inflicted a stab wound on your victim, because your use of the broken bottle was considered to be a deadly weapon used during the commission of the crime, because you punched a police officer, or for all three reasons.  The crime penalties associated with aggravated battery vary from state to state.  A felony, in general, is defined as a crime for which the punishment exceeds one year in prison, but state laws may establish criminal penalties of up to 20 years or more for this kind of crime.  Fines are also a possibility, and court costs are almost a certainty.  Probation may be a possibility in some states, depending on the seriousness of the charge.  A criminal defense attorney licensed in the state where the crime occurred can give you specific information on the penalties you face and any defenses that you may be able to raise to avoid conviction.

Talk to a Criminal Defense Lawyer immediately to get your case professionally represented so that you can avoid serious penalties.

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