Legal Definitions - aggravated battery

Aggravated battery is a more serious form of the crime of battery. While battery generally involves unwanted physical contact that causes harm or offense to another person, aggravated battery occurs when specific circumstances make the offense significantly more severe.

These aggravating circumstances typically include:

• Causing serious bodily injury, such as great bodily harm, permanent disability, disfigurement, or an injury that creates a substantial risk of death.
• Using a deadly weapon during the assault. A deadly weapon is not limited to firearms or knives; it can be any object used in a manner likely to cause serious injury or death, such as a heavy blunt object, a vehicle, or even a person's hands or feet if used with extreme force.
• Sometimes, the status of the victim (e.g., a law enforcement officer, a child, or an elderly person) or the use of certain dangerous substances (like corrosive chemicals or biological agents) can also elevate a battery to aggravated battery.

Because of these severe factors, aggravated battery is typically charged as a felony and carries much harsher penalties than simple battery.

Examples of Aggravated Battery:

• Example 1 (Serious Bodily Injury): During a heated argument at a concert, one attendee shoves another person with such force that the victim falls backward down a flight of concrete stairs, sustaining multiple broken bones, a severe concussion, and internal bleeding requiring emergency surgery and a lengthy hospital stay.

  Explanation: This is an aggravated battery because the physical contact resulted in "great bodily harm" and "serious bodily injury" (multiple fractures, concussion, internal bleeding, and the need for surgery), which are key elements that elevate the offense beyond simple battery.

• Example 2 (Use of a Deadly Weapon): After a minor fender bender, one driver becomes enraged, retrieves a heavy wrench from their trunk, and intentionally strikes the other driver in the head, causing a deep laceration and a fractured skull.

  Explanation: This scenario illustrates aggravated battery because a "deadly weapon" (the wrench, used to inflict severe harm) was employed during the assault, causing significant and life-threatening injury to the victim.

• Example 3 (Caustic Substance and Permanent Disfigurement): A disgruntled former employee, seeking revenge, throws a container of industrial-strength acid onto their former supervisor's face, resulting in severe chemical burns, loss of an eye, and permanent scarring.

  Explanation: This constitutes aggravated battery due to the use of a "caustic substance" and the resulting "permanent disfigurement" and "great bodily harm" (loss of an eye, severe burns, and scarring), which are specific aggravating factors that make the crime exceptionally serious.