Aggravated Battery With A Deadly Weapon
There are several different types of Aggravated Battery, and the analysis hinges upon the alleged victim of the battery , and the type of deadly weapon used . For now, our focus will be on cars as deadly weapons, because vehicles require a unique analysis under the aggravated battery laws. This issue comes up time and time again, so let me take you through, briefly, how to approach such charges.
Unique Aspects of Aggravated Battery With Deadly Weapon Cases in Orlando
What makes an Aggravated Battery with a Deadly Weapon charge different when the deadly weapon is a vehicle? Well, the defendant has no direct contact with the alleged victim, the contact is car-to-car. As an example, lets look at Williamson v State, 510 So2d 335 , where the defendant was involved in a high speed chase with the police during which he crashed his car into the side of one the troopers cars. The pertinent language from the decision is,
The touching or striking in the present case was to the outer body of an automobile which Trooper Thomas was driving, with no direct impact upon or even injury to the trooper. In fact, the evidence shows that the trooper was not even jostled about in the car as a result of the impact. We conclude that as a matter of law the automobile in this case did not have such an intimate connection with the person of the trooper so as to conclude that a battery occurred.
How Is Aggravated Battery With a Vehicle Defined in Orlando?Schedule a Consultation Today
Attorney For Aggravated Battery With A Deadly Weapon In Tampa Fl
If you were arrested or charged with the felony offense of Aggravated Battery with a Deadly Weapon in Hillsborough County, FL, or the surrounding areas, then contact an experienced criminal defense attorney in Tampa, FL, at the Sammis Law Firm.
We represent clients for firearm charges throughout the greater Tampa Bay area including Hillsborough County, Hernando County, Pasco County, Pinellas County, Manatee County, Sarasota County, and Polk County, FL.
We provide a free initial consultation either over the phone or in the office.
Definition Of Aggravated Battery
The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. Under the law, Aggravated Battery occurs where a defendant intentionally touches or strikes another person and, in doing so:
- Intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim or
- Used a deadly weapon or
- Battered a person whom the defendant knew or should have known was pregnant.
Required Proof at Trial
To prove the crime of Aggravated Battery at trial, the prosecution must establish the following two elements beyond a reasonable doubt:
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Acting Knowingly Or Recklessly
In Kansas, a person acts “knowingly” when a person is aware that his conduct is reasonably certain to cause a particular result. For example, if a person shoots a victim in the chest with a powerful handgun, it is reasonably certain that the resulting injury would cause great bodily harm or death.
A person acts “recklessly” when the person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. For example, drag racing on crowded city streets would be viewed as acting recklessly.
What Is Aggravated Battery With A Deadly Weapon
There are several different ways you can get an aggravated battery and were going to talk about one today. You can touch someone , yes just touch them with a deadly weapon and that touching is called aggravated battery with a deadly weapon.
Its a very serious charge, even though the injury isnt serious. Its a second degree felony punishable by up to 15 years maximum prison. And, this charge scores even a bit of mandatory prison but thats a topic for another day.
I want you to keep in mind that aggravated battery causing serious bodily harm focuses on the injury. Today, were focusing on the weapon used. Aggravated battery with a deadly weapon doesnt need much injury. Just a touching with a deadly weapon and youve got yourself some prison time.
For example, if you just slap somebody with your open hand, thats a misdemeanor battery punishable by up to a year in jail. But if you do that same slap and you have a firearm in your hand that same action becomes an aggravated battery with a deadly weapon and you go to prison for that. So, no injury, you just hit them with a gun rather than your hand.
The problem isnt figuring out if a firearm is a deadly weapon, the problem is figuring out everything else, which can also be deadly weapons depending on how they are used.
The line gets blurry on an aggravated battery with a deadly weapon when you look at objects that arent firearms.
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Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Aggravated Battery in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense LawyerRichard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.
Assault With A Deadly Weapon In Florida
Assault with a Deadly Weapon is prosecuted as Aggravated Assault in Florida, which is a felony. If the deadly weapon is a firearm or destructive device such as a pipe bomb, you face harsh mandatory minimum sentencing of years or even decades in prison.
You might be convicted of this offense even if nobody was harmed in the incident. You may also be convicted of using an item that you would not normally think of as a deadly weapon, such as a pocketknife or a car.
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Aggravated Battery Is A Second Degree Felony
We have already noted that a person charged with aggravated battery faces significant consequences, but we want to reinforce the serious nature of this charge. For this particular crime, you can remember the potential penalties by focusing on the number 15. If you are convicted of aggravated battery, you face up to 15 years in prison, up to 15 years on probation, and up to $15,000 in fines.
If you were in possession of a firearm at the time of the crime, there are additional mandatory minimum sentences in play:
- 10 years in prison for possession of a firearm
- 15 years in prison for possession of a machine gun or semiautomatic weapon
- 20 years in prison for discharging a firearm
- 25 years in prison for discharging a firearm with the end result being great bodily harm to or death of another
We should emphasize here that these are the minimum penalties for these offenses. The actual sentence could be much longer depending on the circumstances in question.
Defenses For An Assault With A Deadly Weapon Charge In Florida
Some defenses are available to you if you are accused of this crime. For example, your actions may have been justifiable in defense of yourself, others, or property, and the alleged victim may have been the aggressor in the situation.
The prosecution must prove an intent to threaten imminent violence. A conditional threat, such as I will shoot you if I see you on my property again, should not result in a conviction for aggravated assault.
The prosecution must prove that an intentional action was committed which created a well-founded fear in the other person that violence was imminent. Mere threats which are not accompanied by any physical action should not result in a conviction for aggravated assault with a deadly weapon in Florida, nor should accidental actions which create fear in another person.
If the victim is not afraid, or that fear is not well-founded, you should not be convicted of aggravated assault. This can sometimes be demonstrated by the actions of the supposed victim, for example, if the supposed victim continued to approach you aggressively while supposedly afraid.
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What Does Aggravated Battery With A Deadly Weapon Mean In Florida
In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. In other words, an aggravated battery with a deadly weapon means that the defendant intentionally and unlawfully touched or struck a person, while using a deadly weapon.
It is important to notice that a deadly weapon is not necessarily restricted to a firearm. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc.
Factors That Judges Consider
In determining a sentence, judges usually consider defenses the defendant presented at trial, circumstances surrounding the crime , the extent of any injuries incurred, the type of weapon used, the accused’s prior criminal record, and, in some situations, the victim’s background or relationship to the defendant.
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Aggravated Battery With A Deadly Weapon 784045
Tampa Attorney Helping Defendants Charged with Violent Crimes
Aggravated battery with a deadly weapon in Florida is prohibited under Florida Statute section 784.045. It involves simple battery, together with the use of a deadly weapon. Judges take aggravated battery with a deadly weapon seriously, and if you are convicted, you could face a substantial prison sentence. An experienced criminal defense lawyer can make a difference to the outcome. At Hanlon Law, Tampa battery defense attorney Will Hanlon provides a knowledgeable defense for his clients.
Aggravated Battery With a Deadly Weapon
To secure a conviction for aggravated battery with a deadly weapon, a prosecutor must prove beyond a reasonable doubt that you committed battery by intentionally striking or touching an alleged victim against the victim’s will, while using a deadly weapon. The jury cannot have any doubt about either of these elements, and if there is doubt, they are required to acquit. An object is considered a deadly weapon if it is used in a way likely to produce great bodily harm or death, or if it is threatened to be used in that way. While obvious weapons are guns and rifles, even a heavy glass bottle or a car could be used or threatened to be used as a deadly weapon.
Get Help from a Battery Defense Attorney in Tampa
Aggravated Battery In Illinois
If you’ve been arrested and charged for aggravated battery in Illinois, an experienced attorney can explore your options and help you fight a conviction. The legal professionals at Dolci & Weiland have the expertise and experience to fiercely defend your charges. We believe the key to success is to answer any questions you have about your charges and to make ourselves available to you anytime you need us.
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Assault And Battery With A Dangerous Weapon And Aggravated Abdw
Massachusetts Assault and Battery With a Dangerous Weapon
In Massachusetts, under MGL c. 265 s. 15A, assault and battery with a dangerous weapon is a felony which carries up to 10 years in state prison and $5,000 fine. The term “dangerous weapon” is very broad. I have seen this charge arise from stabbing someone with a knife, to attempting to hit someone with a car, to throwing a drink in someone’s face. The facts and circumstances of each case must be thoroughly investigated. Very often, the prosecution relies solely on the testimony of the alleged victim. If the victim is unavailable or unwilling to testify on the day of trial, there may be grounds for dismissal. However, it is not the alleged victim’s decision as to whether or not the case moves forward. If the prosecution believes that it has a strong enough case without the testimony of the alleged victim, then it will proceed with the testimony of other witnesses, physical evidence, pictures, or any other evidence to prove its case, even if doing so is against the wishes of the person you are accused of harming. Also, if you are charged with this offense and the court determines that you have tried to prevent one of the witnesses from testifying, or event discussed the case with the alleged victim, you could face an addition charge of witness intimidation. It is important that you not discuss the case with law enforcement, friends, and especially your accuser, without first speaking with a criminal defense attorney.
Aggravated Battery With A Deadly Weapon Using A Vehicle And Reckless Driving
When someone is accused of the criminal charge of aggravated battery with a deadly weapon, the deadly weapon can be almost anything. For example, a table, chair, baseball bat, firearm, or even a car or other vehicle can become a deadly weapon if used in a certain manner.
Aggravated battery with a deadly weapon requires intent to commit a battery with the weapon. When an accused strikes an alleged victim with a car or truck, the accused may want to make a defense that there was no intent to hit the victim, or they did not mean to strike the person. In other words it was an accident. In this situation a person can still be guilty or accused of reckless driving which is defined as the operating of a motor vehicle with a willful and wanton disregard for the safety of persons or property. Reckless driving does not require the intent to hit a person or property and reckless driving can be charged when there is no crash, personal injury or property damage. Reckless driving is different than careless driving.
I offer free consultations in all criminal, criminal traffic and traffic matters. If you or a loved one is accused, then fill out the form to the right, click or call to speak to a lawyer before you go to court.
The lesson for lawyers is to ask for the lesser included instruction. The lesson for defendants is that you need a lawyer, so or call for a free consultation.
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Consequences Of Aggravated Battery Crimes In Florida
Aggravated Battery is generally classified as a second-degree felony in Florida, punishable by up to 15 years in prison or 15 years of probation, and up to $10,000 in fines. The penalties for Aggravated Battery increase significantly when the issue involves a person with or using a gun. If a gun is involved, Floridas 10-20-Life Law will mandate prison time upon a conviction depending on the extent of harm caused.
When a firearm is possessed during the incident, there is a minimum prison term of 10 years. The minimum is increased to 15 years when the weapon is a semi-automatic firearm or machine gun.
The minimum prison term when a firearm is discharged during the incident is 20 years, and increases to 25 years when death or great bodily injury is caused after the firearm is discharged.
Whats The Difference Between Aggravated Assault And Aggravated Battery
States define assault and battery differently, and the media often confuses the two crimes. In Florida, the key difference is that an assault is the fear of immediate harm, and battery is when intentional unwanted touching occurs. For example, if an individual corners another person in a corner, screams at them, and raises their hands, the person cornered fears that they will get hit. This is assault. You do not have to touch the person to be criminally prosecuted. Now add a gun or other deadly weapon to this situation and the conduct can be charged as aggravated assault with a deadly weapon. If the individual strikes the person they cornered, thats a battery. Aggravated battery means that were was intentional conduct to cause serious harm to another person or a deadly weapon was used in the battery. These two charges are not necessarily mutually exclusive, a lot of the time they are charged together when actual contact is made.
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What Happens When Arrested For Aggravated Battery With Deadly Weapon And Aggravated Assault With Deadly Weapon Woi2kill
- Posted on Jul 18, 2016
Your friend will have a first appearance today, at which point the judge will probably set her bond amount & any conditions of release . At some point after that the State will make a decision as to exactly which charges she will face. She could be charged on exactly the charges she was arrested for, charged for something less, or charged for something more. It will all depend on the State Attorney’s investigation. Your friend needs a criminal defense lawyer as soon as possible. That lawyer may be able to reach out to the prosecutor, help with the investigation, and serve as a voice for your friend in the prosecutor’s charging decision.
What Is An Aggravated Battery Crime In Florida
An Aggravated Battery crime in Florida is when someone actually touches or injures another person against their will with the intent to cause serious bodily injury or while using a deadly weapon.
In legal terms, Aggravated Battery is the deliberate touching of another person that causes great bodily harm or permanent disfigurement, or a battery using a deadly weapon.
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