Aggravated Battery
A battery committed under aggravating circumstances recognized by Florida law.
Florida Statute
§ 784.045
Aggravated Battery
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Aggravated battery generally involves committing a battery while causing great bodily harm, permanent disability, permanent disfigurement, using a deadly weapon, or committing battery against a pregnant victim under the circumstances defined by law.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Aggravated Battery
F.S. § 784.045
Battery intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement; battery using a deadly weapon; or battery on a pregnant victim when the defendant knew or should have known of the pregnancy.
Aggravated Battery — Domestic Violence Designation
F.S. §§ 784.045; 741.28(2)
An aggravated battery committed by one family or household member against another. Domestic violence is a statutory designation; this record does not independently reclassify the offense degree.
Aggravated Battery in Furtherance of Riot or Aggravated Riot
F.S. § 784.045(3)
The offense remains a second-degree felony, but its Criminal Punishment Code ranking is one level higher when committed in furtherance of a riot or aggravated riot.
Aggravated Battery on Specified Protected Personnel
F.S. § 784.07(2)(d)
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove the battery element
The defendant actually and intentionally touched or struck the victim against the victim's will, or intentionally caused bodily harm to the victim.
Plain language: The defendant committed an intentional battery against the victim.
- Element 2OR — Alternative
In addition to the battery element, one of the following aggravating circumstances must apply
In committing the battery, the defendant intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the victim.
Plain language: One alternative aggravating circumstance is causing serious or permanent injury.
- Element 3OR — Alternative
In addition to the battery element, one of the following aggravating circumstances must apply
Qualifying Domestic Relationship
Qualifying Domestic Relationship
Family or household member
Under F.S. § 741.28(3), the relationship qualifies when the people are:
- Spouses or former spouses;
- Related by blood or marriage;
- Currently living together as a family;
- People who previously lived together as a family; or
- Parents of a child in common, whether or not they were married.
Shared-dwelling requirement
Except for parents of a child in common, the parties must currently live together, or must have lived together in the past, in the same single dwelling unit. A dating relationship by itself is not a family-or-household relationship under F.S. § 741.28.
Domestic-violence designation
F.S. § 741.28(2) requires both a qualifying family-or-household relationship and a listed offense—or another criminal offense resulting in physical injury or death—committed by one qualifying member against the other.
Jury Instructions
Jury Instructions
Instruction 8.4
Aggravated Battery
Florida Standard Jury Instruction for F.S. § 784.045(1)(a).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 8.4(a)
Aggravated Battery - Pregnant Victim
Florida Standard Jury Instruction for F.S. § 784.045(1)(b).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Great Bodily Harm
Great bodily harm is a level of injury greater than slight, trivial, minor, or moderate harm.
Permanent Disability
A permanent disability is an enduring impairment or loss of physical ability.
Permanent Disfigurement
Permanent disfigurement generally refers to an enduring alteration of a person's physical appearance.
Deadly Weapon
A deadly weapon may include an instrument that, by its design or the manner in which it is used, is likely to cause death or great bodily harm.
Pregnant Victim
A separate statutory basis for aggravated battery applies when the victim was pregnant and the offender knew or should have known of the pregnancy.
Additional Notes
Additional Notes
Quick Reference
Aggravated battery requires an underlying battery plus an aggravating circumstance recognized by § 784.045.
Alternative Theories
The statute provides alternative theories involving serious injury, use of a deadly weapon, or battery against a pregnant victim when the knowledge requirement is met.
Classification
Aggravated battery under § 784.045 is generally classified as a second-degree felony.
Important
The specific elements and applicable jury instruction depend on the statutory theory charged. Review the charging document, current statute, and current Florida Standard Jury Instructions.