Florida Statutes

Fla. Stat. § 784.045 (2025)

Aggravated battery.

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784.045 Aggravated battery.—

(1)(a) A person commits aggravated battery who, in committing battery:

1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or

2. Uses a deadly weapon.

(b) A person commits aggravated battery 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.

(2) A person who violates subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01 is ranked one level above the ranking under s. 921.0022 for the offense committed.

History.—s. 1, ch. 70-63; s. 732, ch. 71-136; s. 20, ch. 74-383; s. 10, ch. 75-298; s. 3, ch. 88-344; s. 7, ch. 2021-6.

Arrestable Offenses under F.S. 784.045

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§784.045(2)AGGRAV BATTERYREMOVEDF · 2nd

§784.045(2)AGGRAV BATTERYERRORF · 2nd

§784.045(1a1)AGGRAV BATTERYAGGRAV BATTERY CAUSE BODILY HARM OR DISABILITYF · 2nd

§784.045(1a2)AGGRAV BATTERYAGGRAV BATTERY WITH A DEADLY WEAPONF · 2nd

§784.045(1b)AGGRAV BATTERYAGGRAV BATTERY ON PREGNANT VICTIMF · 2nd

Notes of Decisions

Cited in 563 cases (39 in the last 5 years), 1972–2026 · leading case: Lareau v. State, 573 So. 2d 813 (Fla. 1991).

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Lareau v. State, 573 So. 2d 813 (Fla. 1991). · cites it 16× “087(1), with the aggravated battery statute, section 784.045. We first note that both provisions took their current form in the same legislative act, chapter 74-383, sections 9, 20, Laws of Florida.”

Severance v. State, 972 So. 2d 931 (Fla. 4th DCA 2007). · cites it 18× “" § 784.045. In Munoz-Perez v. State, 942 So.”

Jaimes v. State, 51 So. 3d 445 (Fla. 2010). · cites it 5× “See § 784.045. Thus, while the information did not charge the form of aggravated battery on which the jury based its conviction, the elements of simple battery were both supported by the charging document and the proof at trial, and each element of the offense was determined by…”

United States v. Juan Llanos-Agostadero, 486 F.3d 1194 (11th Cir. 2007). · cites it 5× “PER CURIAM: The issue presented here is whether the offense of aggravated battery on a pregnant woman, in violation of Fla. Stat. § 784.045 (l)(b), constitutes a “crime of violence” under § 2L1.”

Calloway v. State, 37 So. 3d 891 (Fla. 1st DCA 2010). · cites it 8× “We affirm the defendant’s conviction holding section 784.045, Florida Statutes (2008), creates two, not four, distinct aggravated battery crimes and that the trial court properly instructed the jury under the first of the two distinct crimes.”

Carpenter v. State, 785 So. 2d 1182 (Fla. 2001). · cites it 4× “03(1)(a), Florida Statutes (1997), provides that a battery occurs when a person (1) "Actually and intentionally touches or strikes another person against the will of the other;" or (2) "Intentionally cause bodily harm to another person," while section 784.045(1)(a), Florida…”

Anthony McCormick v. City of Fort Lauderdale, Jonathan Walker, Officer, 333 F.3d 1234 (11th Cir. 2003). · cites it 2× “” Fla. Stat. § 784.045 . “Great bodily harm defines itself and means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises as are likely to be inflicted in a simple assault and battery.”

Bell v. State, 394 So. 2d 570 (Fla. 5th DCA 1981). · cites it 11× “In charging the jury as to aggravated battery, both as a lesser included offense of the attempted murder of Agent Wimberly and as the alleged aggravated battery on Agent Sears, the court explained a battery and then followed section 784.045, Florida Statutes (1979), to define an…”

United States v. Clifford B. Gandy, Jr., 917 F.3d 1333 (11th Cir. 2019). · cites it 4× “Fla. Stat. § 784.045 ; see Montero v. State, 225 So.”

State of Florida v. Eric Lucas, 183 So. 3d 1027 (Fla. 2016). · cites it 6× “Section 784.045, Florida Statutes (2015), provides that a person is guilty of “aggravated battery” if, in committing a battery, the person “[i]ntentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement.”

Michael Turner v. Warden Coleman FCI (Medium), 709 F.3d 1328 (11th Cir. 2013). · cites it 2× “Fla. Stat. § 784.045 . We need not belabor the point here because Turner’s conviction—which stemmed from his stabbing a man in the chest—is indubitably a violent felony under the elements clause.”

Nelson Javier Sosa-Martinez v. U.S. Atty. Gen., 420 F.3d 1338 (11th Cir. 2005). · cites it 4× “After review, we conclude that Sosa-Martinez’s aggravated battery conviction, in violation of Fla. Stat. Ann. § 784.045 , is a crime of moral turpitude under 8 U.”

Show all 563 citing cases →

— 784.045(1) — 28 cases

Joshua Zelaya v. State of Florida, 257 So. 3d 493 (Fla. 4th DCA 2018).

Lareau v. State, 573 So. 2d 813 (Fla. 1991). “087(1), with the aggravated battery statute, section 784.045. We first note that both provisions took their current form in the same legislative act, chapter 74-383, sections 9, 20, Laws of Florida.”

Michael Smith v. State of Florida, 175 So. 3d 906 (Fla. 4th DCA 2015).

Lane v. State, 861 So. 2d 451 (Fla. 4th DCA 2003).

Bartee v. State, 401 So. 2d 890 (Fla. 5th DCA 1981).

— 784.045(1)(2) — 1 case

United States v. Ucciferri, 133 F. Supp. 2d 1330 (M.D. Fla. 2001).

— 784.045(1)(A)(2) — 2 cases

Poe v. State, 746 So. 2d 1211 (Fla. 5th DCA 1999).

Waller v. State, 716 So. 2d 836 (Fla. 5th DCA 1998).

— 784.045(1)(a) — 133 cases

Jaimes v. State, 51 So. 3d 445 (Fla. 2010). “See § 784.045. Thus, while the information did not charge the form of aggravated battery on which the jury based its conviction, the elements of simple battery were both supported by the charging document and the proof at trial, and each element of the offense was determined by…”

Gordon v. State, 780 So. 2d 17 (Fla. 2001).

Carpenter v. State, 785 So. 2d 1182 (Fla. 2001). “03(1)(a), Florida Statutes (1997), provides that a battery occurs when a person (1) "Actually and intentionally touches or strikes another person against the will of the other;" or (2) "Intentionally cause bodily harm to another person," while section 784.045(1)(a), Florida…”

Severance v. State, 972 So. 2d 931 (Fla. 4th DCA 2007). “" § 784.045. In Munoz-Perez v. State, 942 So.”

— 784.045(1)(a)(1) — 13 cases

Hall v. State, 951 So. 2d 91 (Fla. 2d DCA 2007).

Levesque v. State, 778 So. 2d 1049 (Fla. 4th DCA 2001).

Davis v. State, 884 So. 2d 1058 (Fla. 2d DCA 2004).

Richards v. State, 608 So. 2d 917 (Fla. 3d DCA 1992).

Guzzetta v. Hamrick, 656 So. 2d 1327 (Fla. 5th DCA 1995).

— 784.045(1)(a)(2) — 16 cases

Severance v. State, 972 So. 2d 931 (Fla. 4th DCA 2007). “" § 784.045. In Munoz-Perez v. State, 942 So.”

Jones v. State, 666 So. 2d 995 (Fla. 5th DCA 1996).

Crawford v. State, 662 So. 2d 1016 (Fla. 5th DCA 1995).

Ivory Lee Robinson v. State of Florida, 215 So. 3d 1262 (Fla. 1st DCA 2017).

Thomas v. State, 932 So. 2d 1221 (Fla. 5th DCA 2006).

— 784.045(1)(a)(2)(b) — 1 case

Hayward v. State, 590 So. 2d 976 (Fla. 5th DCA 1991).

— 784.045(1)(b) — 52 cases

Bell v. State, 394 So. 2d 570 (Fla. 5th DCA 1981). “In charging the jury as to aggravated battery, both as a lesser included offense of the attempted murder of Agent Wimberly and as the alleged aggravated battery on Agent Sears, the court explained a battery and then followed section 784.045, Florida Statutes (1979), to define an…”

Small v. State, 889 So. 2d 862 (Fla. 1st DCA 2004).

Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000).

Burton v. State, 522 So. 2d 88 (Fla. 5th DCA 1988).

— 784.045(1)(b)(3) — 1 case

Dream Defenders v. Desantis (N.D. Fla. 2021).

— 784.045(2) — 30 cases

Chambers v. State, 975 So. 2d 444 (Fla. 2d DCA 2007).

Lane v. State, 861 So. 2d 451 (Fla. 4th DCA 2003).

— 784.045(2)(a) — 2 cases

V.C. v. State, 63 So. 3d 831 (Fla. 3d DCA 2011).

Curington v. State, 704 So. 2d 1137 (Fla. 5th DCA 1998).

— 784.045(7) — 1 case

Sanders v. Starling (M.D. Fla. 2020).

— 784.045(a)(1) — 1 case

Maxwell v. State, 803 So. 2d 815 (Fla. 5th DCA 2001).

— 784.045(l)(a) — 72 cases

Sims v. State, 140 So. 3d 1000 (Fla. 1st DCA 2014).

Calloway v. State, 37 So. 3d 891 (Fla. 1st DCA 2010). “We affirm the defendant’s conviction holding section 784.045, Florida Statutes (2008), creates two, not four, distinct aggravated battery crimes and that the trial court properly instructed the jury under the first of the two distinct crimes.”

Gordon v. State, 126 So. 3d 292 (Fla. 3d DCA 2011).

Brown v. State, 41 So. 3d 259 (Fla. 4th DCA 2010).

— 784.045(l)(a)(2) — 13 cases

V.C. v. State, 63 So. 3d 831 (Fla. 3d DCA 2011).

T.S. v. State, 965 So. 2d 1288 (Fla. 2d DCA 2007).

Drumwright v. State, 743 So. 2d 1120 (Fla. 5th DCA 1999).

V.M.N. v. State, 909 So. 2d 953 (Fla. 4th DCA 2005).

Cerny v. State, 65 So. 3d 609 (Fla. 2d DCA 2011).

— 784.045(l)(a)(l) — 8 cases

T.S. v. State, 965 So. 2d 1288 (Fla. 2d DCA 2007).

Christopher Busbee v. State of Florida, 187 So. 3d 1266 (Fla. 1st DCA 2016).

Cerny v. State, 65 So. 3d 609 (Fla. 2d DCA 2011).

Showers v. State, 778 So. 2d 424 (Fla. 5th DCA 2001).

Harris v. State, 37 So. 3d 285 (Fla. 2d DCA 2010).

— 784.045(l)(b) — 30 cases

State Dep't of Juv. Just. v. S.M., 131 So. 3d 780 (Fla. 2013).

United States v. Pedro Diaz-Calderone, 716 F.3d 1345 (11th Cir. 2013).

W.J.W. v. State, 446 So. 2d 248 (Fla. 5th DCA 1984).

Alvarado v. State, 9 So. 3d 1273 (Fla. 4th DCA 2009).

Tyler v. State, 107 So. 3d 547 (Fla. 1st DCA 2013).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.