Aggravated Battery With A Deadly Weapon

Aggravated battery causing great bodily harm with a deadly weapon is a charge that potentially carries huge penalties, including imprisonment in some cases. For most people, it is deeply stressful to be charged with a crime, especially a crime that could result in time behind bars. St. Petersburg battery defense lawyer Will Hanlon has provided knowledgeable and tough representation to people facing this challenging situation for over two decades.

Simple battery occurs in Florida when somebody actually and intentionally strikes or touches somebody else against their will. This is a general intent crime, and you are prohibited from doing a specific voluntary act or something that is substantially likely to result in the act under this law. Aggravated battery is a very serious crime that is classified as a second-degree felony.

Under Florida Statutes section 784.045, you can be convicted of aggravated battery after either disabling, disfiguring, or causing great bodily harm to someone else or utilizing a deadly weapon while committing the battery. However, if you use a deadly weapon and also cause great bodily harm with it, the prosecutor will probably pursue first-degree felony charges. For instance, if you become incensed with your daughter's boyfriend one night and knife him, the court could convict you of first-degree felony battery. Likewise, if you get enraged after being fired and take a gun to the workplace to scare people, but you wind up shooting someone, you could be charged with a first-degree felony. When the victim of an aggravated battery is a law enforcement officer, the aggravated battery also is a first-degree felony. First-degree felonies can be punished with 30 years in prison or on probation and a $10,000 fine.

In the past, when an aggravated battery involved possessing or discharging a firearm (as opposed to a knife or another deadly weapon), you could also face a mandatory minimum sentence under the 10-20-Life law. If you simply possessed a gun during the aggravated battery, you faced a mandatory minimum sentence of 10 years. However, this sentencing scheme has had some significant changes, and it was reworked in 2016. People convicted of aggravated assault offenses no longer qualify for these harsh penalties. It is best now to consult with an experienced attorney about whether mandatory minimums apply to your case.

In some cases, aggravated battery causing great bodily harm with a deadly weapon is a charge that accompanies some other crime, such as a burglary. Under section 775.087(1), a crime can be reclassified as a higher-level crime if the great bodily harm was caused through the use of a firearm or weapon, except when using the weapon or firearm is an essential element of the crime.

There are potential defenses available, such as mutual combat, self-defense, and defense of others. In some cases, it is possible to raise a reasonable doubt about one or more elements of the charge. For instance, your lawyer might be able to argue that the injury is insufficient to qualify as great bodily harm if the victim did not obtain medical care. It may be possible to argue that the situation happened differently from what the prosecution says, which might be sufficient to trigger a reasonable doubt for the jury.

The stand your ground defense may be available in a situation in which you utilized deadly force because you believed for good reason that it was necessary to use that force to avoid being imminently and seriously harmed yourself, or if you believed that it was needed to safeguard yourself against a burglary or another forcible felony. For instance, if you are a victim in a carjacking, and in response you shoot the carjacker in the arm, you might be able to successfully argue a stand your ground defense.

If you are seeking a tough and skillful lawyer to fight a charge of aggravated battery causing great bodily harm with a deadly weapon in St. Petersburg, Hanlon Law may be able to represent you. Our founder, Will Hanlon, has been providing dedicated criminal defense representation since 1994. You can call Hanlon Law at 727.289.0222 or use our online form to set up an appointment to discuss your case.