Why do they call it Aggravated Battery?

Why do they call it Aggravated Battery?

I can tell you for sure that it is not because you were the one that was “aggravated”.

Aggravated battery usually involves serious injury or the use of a weapon. It doesn’t have to be a gun or a knife. It can be something as simple as a shoe, a beer bottle on a pencil. The State Attorney often “overcharges” a person to jack up the penalties. I recently represented a man who threw a flip flop at someone and he was charged just to increase the sentencing guidelines.

Sometimes, a simple battery can become an aggravated battery if the injury is bad. A bar fight where someone gets seriously hurt can result in an aggravated battery arrest. A “sucker punch” resulting in a cut or broken jaw will produce just such a charge. No one wins a fight. The loser goes to the hospital and the winner goes to jail. Do not lose your temper. Walk away where you can. That is not being a coward. That is being smart. Do not let your testosterone or your macho attitude override good common sense. You can commit an aggravated battery with a car. You can commit an aggravated assault with a vehicle. Road rage with get you in deep trouble. Never argue with an idiot….People watching can’t tell which one is the idiot.

Some people never learn. Hopefully, as you get older, your judgment gets better. Alcohol is involved in ninety percent of the aggravated battery cases I have handled. Many times someone does something when they are blitzed that they would never do when sober. Many times what a person needs is treatment, not jail. Some people are what I call a “nasty drunk”.

Sober they may be a great person but give them a few shots and they become a raving belligerent mouth jerk. The best way to deal with a drunk is to humor them. It is a lot easier that fighting them and does not get your arrested. If you or a relative have been charged with aggravated battery and you need a good lawyer to look into it and help, feel free to call for a free consultation at 941 366 3506 in Sarasota or in Ft. Myers at 239 334 8890