Aggravated Battery with a Deadly Weapon Under 784.045(2)

Aggravated battery with a deadly weapon is punished harshly in Florida. Deadly weapons can include items that you would not normally see as deadly, depending on how they are used. If you are being investigated for or charged with aggravated battery with a deadly weapon under Florida Statute section 784.045(2), you should consult an experienced Clearwater battery defense lawyer immediately. At Hanlon Law, we are committed to safeguarding the rights of the accused. We have a better chance of protecting your rights and obtaining a favorable outcome the sooner that we get involved.

Under Florida Statute section 784.045(2), a prosecutor can secure a conviction for aggravated battery by showing beyond a reasonable doubt that you intentionally or knowingly struck or touched someone, and you used a deadly weapon. Deadly weapons can include not only knives and guns — obvious weapons — but also less obvious weapons like a baseball bat, a broken beer bottle, or a heavy rock.

Beyond a reasonable doubt is a tough standard, but it is critical to retain an experienced Clearwater criminal attorney, given the severity of the potential penalties if you are convicted. This is a second-degree felony. You may face up to 15 years in prison or on probation and a fine of up to $10,000.

Sometimes aggravated battery with a deadly weapon can carry additional penalties. For example, in one case, a registered nurse pled nolo contendere to this charge as well as misdemeanor battery in an incident involving road rage. Although he was sentenced to probation for those offenses, and he self-reported his plea to the Department of Health, he then faced a two-count administrative complaint filed by the Department. The Board imposed on him a two-year suspension, a suspension that was affirmed by an appellate court.

In other situations, a conviction for aggravated battery with a deadly weapon is accompanied by convictions for other offenses. For example, sometimes facts giving rise to a charge of aggravated battery with a deadly weapon also take place in the context of burglary or rape. You can receive sentences for all of these charges even when the offenses were perpetrated in one extended criminal episode. Each of these offenses requires proof of an element unique to each offense, such that there may not be double jeopardy in connection with being convicted for all three offenses.

When the deadly weapon is a firearm or destructive device, you may face repercussions under the recently reworked 10-20-Life law. If you are charged with aggravated battery during which you possessed a firearm, you may face a mandatory minimum sentence of 10 years. If the gun, rifle, or other destructive device was discharged while you were committing the battery, you may face a mandatory minimum sentence of 20 years. You can face from 25 years to life for firing a firearm during a forcible felony in which somebody suffered great bodily harm or was killed due to your firing the weapon.

It is intimidating to be charged with aggravated battery, but it is important to keep in mind that a conviction is not inevitable. An experienced attorney can evaluate the circumstances surrounding your situation to determine a viable defense strategy. In some cases, it is possible to challenge the assertion that the object at issue is a deadly weapon. In other cases, it may be appropriate to raise a reasonable doubt about what your intentions were. Sometimes, it is appropriate to raise the Stand Your Ground defense. For example, if you were at home, and your abusive ex-husband, against whom you have a restraining order, knew where the spare key was hidden and broke into the house yelling threats, and you took out your gun and shot at him in fear, it may be appropriate to raise a Stand Your Ground defense.

If you have been charged with aggravated battery with a deadly weapon in Clearwater, you should hire a tenacious lawyer right away. Our founder, Will Hanlon, has aggressively and knowledgeably represented the accused since 1994. You can call Hanlon Law at 727.897.5413 or complete our online form.