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Is attempted aggravated battery the same as aggravated battery?

Edgewater, FL |
Filed under: Criminal defense

My college is threatening to expel me from a closed program because they say I was convicted of a crime that I was not. There is a specific list that you must follow, and while one is aggravated battery, I was charged and pled guilty to attempted ag. bat. By the letter of the law, these are not the same, are they?

Attorney Answers 2


No attempted aggravated battery means you tried to do it but didn't succeed. Battery simply means you touched someone in an offensive way. Battery ir worse but attempted battery is harder to prove because it requires proof of a specific mental state.

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Aggravated battery in Florida is an F2 (second degree felony) under FS 784.045. An "attempted" is usually one step less (i.e., instead of an F2, it's an F3 or third degree felony). As to your closed program, you'll have to read the definitions to ensure that "attempts" are not included in the ambit of those taboo charges.

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