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Criminal Defense Lawyer in Orlando, FL

Aggravated Battery with a Deadly Weapon 784.045 (2)

Aggravated battery with a deadly weapon is a serious charge in Florida that may result in severe consequences for those accused. This crime involves a simple battery combined with the use of a deadly weapon. The penalties for this crime can include prison time, expensive fines, and a possible probationary period. An experienced criminal defense lawyer can make a difference in the outcome of these cases. The attorneys at Hanlon Law have valuable experience defending those accused of aggravated battery and provide a knowledgeable defense for their clients


Definition of Aggravated Battery with a Deadly Weapon in Florida 


Florida Statute 784.045(2) states a person can be charged with aggravated battery if they intentionally or knowingly cause great bodily harm, permanent disability, or permanent disfigurement to another person with a deadly weapon. This statute defines a deadly weapon as any object that can be used to cause death or serious bodily injuries, such as a firearm, knife, or any other dangerous instrument. Using a deadly weapon elevates the charge of simple battery to aggravated battery, which carries more severe consequences.


Penalties for an Aggravated Battery with a Deadly Weapon Conviction


If convicted of aggravated battery with a deadly weapon, a person may face up to 15 years in prison, up to $15,000 in fines, and up to 15 years probation. Possession of a firearm at the time of the crime increases the mandatory minimum sentences for aggravated battery to the following:


  • 10 years in prison for the possession of a firearm 
  • 15 years in prison for the possession of a machine gun or a semiautomatic weapon 
  • 20 years in prison for discharging a firearm 
  • 25 years in prison for discharging a firearm with the result being great bodily harm or death of another


Defense Strategies for Aggravated Battery with a Deadly Weapon Charges 


A key element for the prosecution in convicting someone of aggravated battery is proving the defendant must have intended to cause great bodily harm or permanent injury to the victim. In some cases, the defendant may argue that they did not intend to cause harm or that they were acting in self-defense. In a self-defense claim, the defendant must show that they were in reasonable fear of imminent harm and that their use of a deadly weapon was necessary to prevent that harm. However, it is essential to note that self-defense claims can be complex and challenging to prove. Additionally, even if a defendant successfully establishes self-defense, they may still face charges for illegally possessing a deadly weapon or other related charges. 


Another commonly used defense strategy in an aggravated battery with a deadly weapon case is the lack of evidence. In order to prove an aggravated battery with a deadly weapon charge, the prosecution must provide evidence that the defendant intended to cause harm, used a deadly weapon, and caused great bodily harm or permanent injury to the victim. The charge may be reduced or dismissed if the prosecution can not provide sufficient evidence to support these elements. 


The defendant may also argue that the victim’s injuries were not the result of the defendant’s actions or that the injuries were not severe enough to meet the definition of great bodily harm or permanent injury. 


Contact an Orlando Area Aggravated Battery Defense Attorney 


An aggravated battery with a deadly weapon charge is a severe criminal offense in Florida that frequently results in harsh penalties for those accused. It is vital for anyone facing this charge to seek the assistance of an experienced criminal defense attorney who can help them understand their rights and options and who can provide a strong defense against the charges. A strong defense can help the accused avoid a conviction, reduce their sentence, or dismiss the charges altogether. The lawyers at Hanlon Law provide a robust and aggressive defense for those charged with crimes such as an aggravated battery. Our attorneys investigate the circumstances surrounding our clients' arrests, the police evidence against them, or any other factors that may help dismiss or reduce the charges. We are devoted to protecting our clients' freedom and fighting for the best outcome possible for our clients. 


If you are facing aggravated battery with a deadly weapon charge in the Orlando area, contact Hanlon Law today to hire a criminal defense attorney today.

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