8.4 AGGRAVATED BATTERY (2nd degree felony)

8.4 AGGRAVATED BATTERY (2nd degree felony)

784.045, Fla. Stat.

To prove the crime of Aggravated Battery, the State must prove the following two elements beyond a reasonable doubt. The first element is a definition of battery.

1.(Defendant)

[intentionally touched or struck (victim) against [his] [her] will].

Give 2a or 2b as applicable.

2.(Defendant) in committing the battery

a.intentionally or knowingly caused

[great bodily harm to (victim)].

[permanent disability to (victim)].

[permanent disfigurement to (victim)].

b.used a deadly weapon.

Definition. Give if 2b alleged.

A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.

“Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises.