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Aggravated battery is a more serious form of battery that involves aggravating factors such as the use of a deadly weapon or serious bodily harm. Punishments vary by state and country, but can include prison time, probation, and fines. Civil suits may also be filed.
Aggravated battery is a term used in criminal law to describe an act of battery that is more serious than just battery. Simple battery is the intentional touching of another person with the aim of doing harm, however small the degree of harm. This includes direct contact, as well as contact or injury with an object or substance. An act of simple battery is generally considered a misdemeanor. Aggravated battery is indicated when an aggravating circumstance is introduced. This generally results in a more serious degree of harm inflicted and is generally considered a felony.
Aggravating or ameliorating factors may include the involvement of a child, woman, elderly person, or government agent. Instead, it may involve a particular location. Battery that occurs in school zones, on public transportation, or in other protected locations can be considered aggravated battery. Other factors that indicate aggravated battery could be the use of a deadly weapon, a hate crime, or serious bodily harm. Serious bodily injury is an injury that carries the risk of death, loss of consciousness, extreme pain, loss of a limb, or organ failure. The actual presence of a weapon is not required; the victim must simply believe that a weapon was present.
Whether or not an act of battery is designated as simple or aggravated has a significant impact on the level of punishment meted out. Since most simple batteries are charged as misdemeanors, if given prison time it will be less than a year. However, a crime may only result in probation or other lesser sentences, depending on the level of the injury and the specific circumstances. Aggravated battery is a misdemeanor, which typically means the punishment can result in more than a year in prison. Other punishments may include electronically monitored probation, parole, loss of the right to own a firearm, restitution to the victim, or fines.
Of course, the punishment depends a lot on individual circumstances and location, as laws vary by state and country. Many who are charged with criminal aggravated battery may also be subpoenaed in civil cases. In fact, even those not charged with criminal aggravated battery may face a civil suit because intent to cause harm is not required. The only requirement is that the contact takes place without consent. A civilian battery case is usually intended to recover any loss or damage suffered by the battery victim.
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