Aggravated Battery

When Emotions Run High, the Law Can Hit Hard

Being charged with aggravated battery can feel like your whole life has been turned upside down. Maybe it was a fight that escalated. Maybe you acted in self-defense. Maybe the facts just don’t match the story you’re being accused of. Whatever led you here, this is a serious charge—and you deserve a serious defense.

My name is Kathleen Bogenschutz, and I’m a defense attorney. I defend people facing high-stakes criminal charges across Tallahassee, Destin, and the surrounding areas of North Florida. I’ve got a proven track record, I’m strategic, and deeply committed to my clients. I know that good people can get caught in bad situations. I take time to understand the full picture, not just the headlines.

What Is Aggravated Battery in Florida?

Aggravated battery is a more serious form of battery under Florida law. You can be charged if you are accused of:

• Intentionally causing great bodily harm
• Using a deadly weapon during the incident
• Battery against someone who is pregnant (if you knew or should have known)

This charge is classified as a second-degree felony, which means the consequences can be life-changing—even if this is your first offense.

What Are the Penalties for Aggravated Battery?

There are two different forms of aggravated battery by statute:

1. Is great bodily harm OR deadly weapon (a second degree felony you have here correctly)
2. Is great bodily harm AND deadly weapon (a first degree felony)

If a firearm is used in the course of an Aggravated Battery, there is a minimum mandatory sentence of 25 years in Florida State Prison.

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Florida courts treat aggravated battery as a violent offense. Depending on the facts of your case and your criminal history, you could be facing:

• Up to 15 years in prison for the second degree aggravated battery; up to 30 years for the first degree and there is a 25 year minimum mandatory for aggravated battery with a firearm.
• Up to 15 years of probation for the second degree aggravated battery; up to 30 years for the first degree. 
• Permanent felony record
• Enhancements if a weapon was used or serious injury occurred

And if the case involves a law enforcement officer, elderly victim, or someone in a protected class, the penalties can increase even further.

My Approach to Aggravated Battery Charges

Every person who come through my door is unique.  Before I agree to take any money to represent you, I spend a significant amount of time with you for our first meeting--at least an hour if not more as charges increase.  Oftentimes, there is work that can be done up front, including getting a private investigator involved, preserving evidence that may assist us in defending you, like DNA, surveillance footage, or communications that might help us make a claim of self-defense or defense of others.  After I receive discovery from the State, we will review the evidence together in another lengthy meeting.

• Asserting self-defense or defense of others
• Challenging witness credibility or inconsistent statements
• Analyzing surveillance footage or physical evidence
• Arguing that the force used was proportional or legally justified
• Negotiating with the prosecutor to reduce charges or penalties
• Telling the full story—who you are, what led to this moment, and why it doesn’t define you

I am known for being both sharp in the courtroom and supportive with my clients. I’ll walk with you through the process and fight hard to protect your future.

You're Not Alone in This

"Every saint has a past, every sinner has a future."

Even though most of us fall somewhere in between saint and sinner, being accused of a violent crime can be very isolating.  Friends and family may not know how to deal with the situation, speak to you, or begin to avoid you.  

At this firm, you are a human being before you are a case number.

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No matter how intense the situation feels right now, there is a way forward—and I am ready to help you find it.

Let’s Talk About What Comes Next

If you’re facing an aggravated battery charge in Tallahassee or anywhere in North Florida, don’t wait to get legal support. The earlier you involve an attorney, the better your chances of protecting your rights and building a strong defense.

Call (850) 273-8327 today for a confidential consultation, or fill out the form below to get started.

We’ll face this together.

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