Aggravated Battery with a Deadly Weapon
The crime of aggravated battery occurs when a person intentionally causes serious physical harm, disability, or disfigurement by touching or striking another person. It also occurs when the person uses a deadly weapon to do so, or batters a person who was known to be pregnant. If you or someone you know has been charged with aggravated battery, contact Pallegar Law, P.A. to be connected with an experienced Tampa aggravated battery lawyer.
A deadly weapon is defined as one that can potentially cause serious bodily harm or death, if used in a particular way. For example, a baseball bat and a knife are clearly deadly weapons, but the classification of other items remains open to interpretation. A steel-toed boot is not generally classified as a deadly weapon, but can certainly be used to cause serious bodily harm.
Aggravated battery becomes a much more serious offense when it involves a firearm. According to Florida’s 10-20-Life law, minimum mandatory sentences apply when a defendant is convicted of this crime. If a firearm was possessed during the crime, the minimum sentence is ten years. If a semiautomatic or machine gun was possessed, the minimum sentence is fifteen years. If a firearm is discharged, the minimum sentence is twenty years. Lastly, if a firearm is discharged and resulted in serious injury or death, the minimum sentence is twenty-five years. If you have been charged with a crime like this, it is important that you reach out for legal assistance as soon as you can. An aggressive Tampa aggravated battery lawyer can mean the difference between many years in prison and probation.
Aggravated battery is classified as a second-degree felony, and carries a minimum mandatory sentence along with a conviction. The crime has a minimum sentence of prison, but a maximum of 15 years. Penalties also include 15 years of probation and a fine of up to $10,000.
Potential defenses to a charge of aggravated battery with a deadly weapon include consent, self-defense or defense of others, or lack of intent.
Aggravated battery against the following list of victims is classified as a first-degree felony if it occurs while the victim is performing their duties. These victims include: law enforcement officers, medical care providers, security officers, firefighters, public transport employees, parking enforcement officers, and code inspectors. When aggravated battery is committed against the following victims at any time, it is considered a first-degree felony. These victims include: employees for the Children and Family Services Dept., a person over the age of 65, a sports official during or directly after a sporting event, a school employee, or a visitor or detainee in a jail or other correctional facility. First-degree felony punishments include 30 years in prison, fines of up to $10,000, thirty years of probation, and restitution. If you or someone you know has been charged with a similar crime, seek out a knowledgeable Tampa aggravated battery lawyer to help you formulate a defense to the charges and explore all of your options.
Call Pallegar Law, P.A. at 813-444-3912 (Tampa) or 941-893-5816 (Sarasota) to be connected with an attorney who can help.