Aggravated Battery with a Deadly Weapon 784.045(2)
Simple battery can be a misdemeanor in Florida. However, there are two types of aggravated battery, and either is a serious felony charge. One of the two is aggravated battery with a deadly weapon, which can lead to substantial penalties. At Hanlon Law, our St. Petersburg battery defense lawyer is dedicated to providing aggressive representation to defend people accused of aggravated battery with a deadly weapon, as well as other crimes like battery of a law enforcement officer.Aggravated Battery with a Deadly Weapon
Under Florida Statute section 784.045, you can be charged with aggravated battery if you commit simple battery, but you also use a deadly weapon. Aggravated battery is a second-degree felony. If convicted, you can face up to 15 years of incarceration or probation, as well as $10,000 in fines.
Some people assume that something needs to be a firearm or knife to be considered a deadly weapon. However, there are many other objects that would be considered deadly weapons if they are utilized or threatened to be utilized such that they would create great bodily injuries or death. For example, a car can be a deadly weapon, depending on how it is driven. Likewise, a heavy rock aimed at the head can be a deadly weapon.
Photographic evidence of injuries in an aggravated battery case can be admitted into evidence if it is relevant to show that the weapon at issue was used such that it would count as a deadly weapon. In one case, for example, a wooden-handled kitchen knife was qualified as a deadly weapon, based on photographic evidence of the victim's injuries.
However, if you are charged with aggravated battery in connection with a firearm, the penalties are more severe. There are mandatory minimum sentences under the 10-20-Life law, although parts of this law have been repealed, and you should consult an attorney about whether it would apply to your case.
If it is not your first offense, and you have received a serious designation as a three-time violent felony offender or a similar designation, there are even more severe penalties that may be meted out upon a conviction. For example, if the court has designated you as a habitual violent felony offender, it could sentence you to a statutory maximum term of 30 years. Aggravated battery is one of the types of serious charges that can result in a defendant being designated as a habitual violent felony offender, assuming that other conditions are also met.
Although you may feel that your future is bleak when facing an aggravated battery with a deadly weapon charge, there are defenses available that may be successful. Even habitual offenders may have some strong defenses, depending on the facts of the case. It is important to choose an attorney who is not only familiar with which defenses are possible but also able to look at your whole criminal record and determine a smart strategy for the case at hand.
Suppose that, for instance, you tried to hit someone with a beer bottle because he was threatening your girlfriend. It might be appropriate for your attorney to argue defense of others. Or if you were being chased by gang members, and you took out a pistol to avoid being beaten up, it might be appropriate to argue self-defense. Sometimes, it may be appropriate to argue that the instrument that you used should not count as a deadly weapon within the meaning of the statute. While a knife is clearly a deadly weapon, a bottle may not be. Other defenses may include an alibi or stand your ground.Seek Representation from a Battery Defense Attorney in St. Petersburg
If you are looking for a lawyer with experience defending against charges of aggravated battery with a deadly weapon in St. Petersburg, you should reach out to Hanlon Law. Will Hanlon has been providing vigorous criminal defense representation since 1994 and may be able to represent you. You can contact Hanlon Law at 727-897-5413 or via our online form. We also represent people who are facing charges of aggravated battery causing great bodily harm in situations in which a deadly weapon was not involved.