Aggravated battery in Florida is defined as the unlawful touching or striking of another person when, during the commission of the battery, the accused used a deadly weapon. Aggravated battery is a second degree felony, punishable by up to fifteen years of imprisonment. Often Judges and prosecutors seek harsh and lengthy punishments for those who are charged with this offense. It is vital to your case that you involve a proficient Clearwater violent crime attorney to aid you with the challenges you will face when charged with aggravated battery.
What Is a Deadly WeaponFlorida law has a broad definition of what consists of a deadly weapon. The first things that comes to mind are knives or guns. However, in Florida nearly any object that is “used in a manner likely to produce death or great bodily injury” could be construed as a deadly weapon. Knives, beer bottles, and cars have all been interpreted as deadly weapons in Florida courts, where those things have been used in a way that is likely to cause someone death or serious injury. If you intentionally hit someone with your vehicle, stab someone, or hit someone with an otherwise innocent object like a rock, you could very well find yourself facing charges for aggravated battery.
Florida law imposes additional and severe penalties when the “deadly weapon” used is a firearm. Under Florida’s 10-20-Life law, if you are convicted of using or carrying a firearm during the commission of an aggravated battery with a deadly weapon, you would be subject to a mandatory minimum 10-year prison sentence. An example of such a situation would be if you were accused of battering another person with the handle of a pistol or the butt of a rifle.
If during the course of the battery, the firearm was discharged but did not actually hit anyone, you would face a minimum mandatory penalty of 20-years imprisonment. Finally, under Florida Law if the firearm was discharged and either killed or seriously injured someone during the commission of an aggravated battery, you could a minimum 25 years to life in prison. If you or a loved one are charged with this kind of aggravated battery, it is important that you contact an experienced and knowledgeable violent crime attorney in Clearwater to guide you through the complicated and difficult time.
Aggravated Battery With Great Bodily HarmUse of deadly weapon is not the only way you can be charged with the crime of aggravated battery. You may also be charged if, as a result of the battery, the victim suffers “great bodily harm, permanent disability, or permanent disfigurement.” Unfortunately, the meaning of great bodily harm is not precisely defined by the legislature or the courts. Different jurisdictions have held that a lump, bruising and a scar were enough to reach the level of great bodily harm. Other courts have stated that broken bones, even if they did not cause permanent damage, constituted great bodily harm.
A seasoned Clearwater violent crimes attorney will be able to effectively analyze the facts and evidence in your case to develop the best defense possible. An in-depth knowledge of the law is required to ensure that you achieve the best result possible.
DefenseMany possible defenses exist for the charge of aggravated battery. Depending on the unique facts of your case, an experienced attorney might be able to raise self-defense or defense of others. You might be able to argue that the battery was unintentional or accidental, even if there was great bodily harm. Your attorney can also argue to the prosecutor on the case that the evidence against you is not sufficient to prove your guilt, which can result in reduction or even dismissal of your charges without the need for a trial.
Speak to a Committed Clearwater Violent Crimes Attorney TodayAt Hanlon Law, we take our client’s rights seriously. We work hard to establish a strong defense and get the best result for you as quickly as possible. If you’ve been charged with aggravated battery, contact us today at 727.897.5413.