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Aggravated Battery Charges

Battery: Misdemeanor or Felony?

A first offense battery charge will typically result in a misdemeanor of the first degree, punishable by up to a $1000 fine, twelve (12) months jail and/or probation.

A person who has one prior conviction for battery, aggravated battery, or felony battery, and commits any second or subsequent battery commits a felony of the third degree, punishable by up to a $5,000 fine, five (5) years prison and/or probation.

Because Battery charges are crimes against the public and their safety, battery charges are prosecuted in a more aggressive manner than other misdemeanor crime charges such as prostitution, solicitation, or disorderly conduct.

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Battery vs. Aggravated Battery

A person commits aggravated battery if in the course of committing battery, they intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; if they use a deadly weapon in the commission of the battery crime; or if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

Aggravated battery is a felony of the second degree, punishable by up to a $10,000 fine, fifteen (15) years prison and/or probation.


Proving Battery

A battery conviction can only be accomplished if the prosecution can prove the act of battery was intentional, or inflicting physical harm on another was foreseeable by the accused.

Battery and Associated Offenses

Battery charges may be associated with other types of criminal offenses, depending upon the evidence collected against you such as:


  • Stalking

  • Violation of a Protective Restraining Order

  • Sexual Assault

  • Assault or battery of an individual 65 years or older, health Care Personnel, Detention Staff, Law Enforcement, Code Inspectors, or other Public or government Officials

  • Battery of a minor

  • Lewd and lascivious acts

  • Burglary, Theft or Robbery

  • Other misdemeanor or felony crimes which may relate to the incident for which you were arrested for