Articles Posted in Aggravated Battery

The punishments for Florida drug crimes are often harsh. The legislature has not only criminalized the possession of illegal drugs but also has criminalized a plan, or conspiracy, to sell illegal drugs. As shown in a recent Tampa drug crime case, law enforcement attempted to convict a defendant for conspiracy to deliver cannabis, even though there was likely never any intent to actually make a drug sale.

Cannabis
Three friends from the Tampa area made arrangements to meet the defendants to acquire cannabis. One of the passengers called the co-defendant multiple times to find out where to meet. When they arrived at the designated meeting spot, there was no one to meet them. After five or six minutes, the passenger called again. The conversation was suspicious, and the passengers continued to wait in the car. The defendants walked up to the vehicle, where one of the passengers held cash out of the door. The defendant approached the vehicle with a square piece of paper to distract one of the passengers. Instantaneously, the co-defendant pulled a gun from his waistband. The driver sped away but only made it a few feet before the co-defendant fired and shot one of the passengers in the face, causing serious permanent injuries. Florida’s Second District Court of Appeals affirmed the defendant’s aggravated battery conviction but overturned his conspiracy to deliver cannabis conviction.

Although the co-defendant physically committed the battery offense, Florida law criminalizes accomplices to a battery. The State is required to prove that the defendant intended for the battery to occur and did some act or said some words that assisted or furthered the battery.

Nightclub
Prosecutors are tasked with proving a defendant’s criminal intent for certain crimes. Often, Florida violent crimes with an intent component also carry a harsher sentence. For instance, aggravated battery requires proof of a specific intent to cause great bodily harm, whereas felony battery does not. In a recent Florida appeals court decision, the court upheld the jury’s finding of aggravated battery because the evidence showed an intent to not only strike a bar owner but severely injure him as well.

Late at night, the defendant arrived at a South Beach bar and began harassing a female bar patron. After the woman complained about the defendant’s behavior, the bar manager spoke to the defendant, who agreed to stop harassing the female patron. The defendant did not stop, however, and a security guard escorted the defendant outside. The defendant became enraged; he spit in the security guard’s face, stated that he would not leave, and threatened to kill the bar manager and the security guard. The bar manager called law enforcement after the defendant was escorted from the bar. The bar manager then stepped outside and was punched in the head by the defendant. When the punch connected, it knocked the bar manager unconscious. The bar manager fell backwards and hit his head on the ground. Medical expert testimony at trial indicated that the bar manager suffered brain damage as a result of the punch.

The defendant appealed the aggravated battery conviction because he argued that he did not have the requisite intent as required under Florida law. Florida statute section 784.045 provides that “[a] person commits aggravated battery who, in committing battery . . . intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement.”