3.3(c). Aggravation of a Felony by Committing an Aggravated Battery

3.3(c) AGGRAVATION OF A FELONY BY COMMITTING AN AGGRAVATED BATTERY 775.087(1), Fla. Stat. NOTE TO JUDGE: This instruction should not be given in conjunction with the instructions pertaining to any felony in which the use of a weapon is an essential element. If you find that [name of defendant] committed [felony as identified by F.S. 775.087(1)] and you also find that during the commission of the crime of e defendant] committed an battery, you should find aggravated [name of defendant] guilty of [felony] with an aggravated battery. "Aggravated battery" is legally defined as NOTE TO JUDGE: The following is the Aggravated Battery instruction provided to edit as required by the charges. Before you can find [name of defendant] guilty of Aggravated Battery, the State must prove the following two elements beyond a reasonable doubt. The first element is a definition of battery. 1. [Name of defendant] me of victim] tionally caused bodily harm to [intentionally touched or struck [name of victim] 2. [Name of defendant] in committing the battery a. g me of rmanent disability to manent g b. [used a deadly weapon.] c. [knew or should have known th A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm. tified in F.S. If you find that defendant only comme of mitted [felony, as identified in F.S. aggravated battery, then you should find [name of