Whereas battery is any unlawful touching of another person against his/her will, aggravated battery is the unlawful touching of another person that intentionally or knowingly causes bodily harm. Aggravated battery will also be charged when a deadly weapon is used, as well as when a pregnant person has been battered.
In order to prove that aggravated battery has occurred, the prosecutor must prove two things beyond a reasonable doubt:
- The defendant intentionally touched or struck the victim, causing bodily harm.
- The defendant intentionally or knowingly:
- Caused great bodily harm;
- Used a deadly weapon; or
- Battered a pregnant person
While working at a construction site, two employees, Jeff and Carl, get involved in a fist fight. About 2 minutes into the fight, Jeff grabs a brick on the ground and strikes Carl across the face, resulting in permanent scarring. Jeff is charged with aggravated battery, a second degree felony.
Aggravated battery is classified as a second-degree felony. Penalties generally include up to 15 years in prison or on probation, and up to $10,000 in fines. However, when a firearm is used, the penalties increase considerably. The penalty incurred for death or great bodily harm by a firearm is a minimum of 25 years imprisonment.