Victims of aggravated battery could suffer serious long term injuries which could affect their lives. In many cases, the intentional infliction of battery to the extreme can lead to a criminal charge where the perpetrator is charged with the specific intent to commit aggravated battery. Victims who have suffered varying degrees of injuries as a result of an aggravated battery may be able to seek compensation for the pain and suffering inflicted by working with a Long Island battery attorney who is better positioned to help them investigate the details of the case and bring the alleged perpetrators to justice.

As aggravated battery can lead to disability or long term effects in many cases, the laws usually connect such an occurrence with intentional, willful actions and intent to commit a crime.

Aggravated Battery

As in most crimes, the perpetrator may have the general or specific intent to commit a crime thus making it intentional. However, irrespective of whether it was a general or specific intent, most crimes do not involve aggravated battery or aggravated charges. If a person has committed any crime, any factor in addition that could aggravate such a crime can oftentimes increase the seriousness of the crime. When a perpetrator is committing the crime of battery, such an individual is said to have nursed the intent to hurt or cause harm to the victim and also to inflict pain and serious injuries. However, in such a case as this, the aggravating factor may take the form of more extensive damages done to the victim such as a broken limb, a crushed skull, or other long term damage like paralysis. If a person has been badly assaulted and battered, even with a deadly weapon, such a person can also suffer other extensive and long term injuries, including death.

What is the Specific Intent?

Before an accused person could be charged for a specific intent, such a person must be proven to have intentionally committed such a crime for which they are being held. To establish intent, such an accused person must have evidence against them showing that the injuries which had been suffered by the victim had been an intentional act of the perpetrator, meaning that, such an injury was inflicted willingly and purposefully.

With specific intent, there are no indirect, negligent or unintentional factors such as when the perpetrator has been threatened, coerced or manipulated to carry out the crime. To better establish specific intent behind such cases as aggravated battery, the perpetrator must have committed the physical attack on the victim in some manner that is more dangerous and puts the victim’s life in more danger than in a case of a standard battery.

The Battery and Injury

In the case of specific intent, the perpetrator may also be established to have willfully or purposefully carried out such a crime if he or she decides to willfully deny the victim access to the basic rights a human should have. In the case of a standard battery, this may be established if the perpetrator denied the victim their basic right to freedom during the injury. In other cases, specific intent could be established if the perpetrator made moves to ensure that the victim will continue to endure pain and suffering even in the aftermath of the attack.

If a person has been established to have the intent to maim, disfigure, or cause grave bodily harm to another, such specific intent can escalate their case of battery to an aggravated battery case. An aggravated battery may also involve the use of deadly weapons like guns during the crime. If such a perpetrator, for instance, discharges a firearm during the assault leading to the hospitalization of the victim, or if the firearm was discharged in an attempt to make the victim unconscious, perhaps inducing a long-term coma, such can also be deemed as aggravated battery.

Crimes of Passion

Some cases of an aggravated battery may occur as a result of a crime of passion. In most cases as this, there is usually a specific intent from the perpetrator to make sure that the victim suffers some form of pain and bodily injuries. The perpetrator in cases of crimes of passion may become enraged because the would-be victim was engaging either with a family member, close relative for which they feel protective of, or in most cases, their partners. In cases of crimes of passion, perpetrators may become so greatly enraged that they commit the crime of aggravated assault. In most cases of crimes of passion, injuries inflicted on the victim can range from disfigurement to broken limbs, loss of consciousness, serious damage to the body or more. When a person has been arrested for such crimes as this, such a person will need a strong, reliable and experienced criminal defense attorney to refute the charges which have been brought up against them. The basis of the defense, however, would be to establish that there was no intent to harm the victim from the get-go.

Defending the Specific Intent Crime of Aggravated Battery

If a person has been accused of a specific intent crime of aggravated battery, such a person will need to work with a reliable criminal defense lawyer who is able to investigate the case and come up with evidence that best supports the strategy which the defendant’s legal team is sticking to.

While the primary defense in such cases as this may be tough, an attorney may explore some strategies which aim to establish that the defendant was without the specific intent to commit an aggravated battery crime. It is also possible to argue on behalf of the defendant that such a crime was not committed at all or that the battery never happened. The accused may also be able to use other factors in their defense such as claiming that such happening was an accident or claim that some other factors were at play.

Evidence usually exists against defendants in cases of aggravated assaults but it may be more difficult for the prosecuting counsel to prove the specific intent needed to aggravate the charges and penalties against the defendant.