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Aggravated Battery Causing Great Bodily Harm with a Deadly Weapon

The use of a deadly weapon can escalate any situation, and the related charges. Aggravated assault is no different, which is why you should seek legal counsel as soon as possible. Contact Hanlon Law today to arrange a free consultation and get started on your best possible defense. 


What is Aggravated Battery?


While battery is often charged in conjunction with assault, as in “assault and battery,” they are separate infractions. Assault is when you threaten someone, with words or actions, in a way that causes them a reasonable fear that they are in imminent danger. Battery, on the other hand, is when you go so far as to strike (or otherwise touch) someone against their will in a manner intended to cause them harm. 


Aggravated battery is, essentially, an escalated form of battery. Florida statute 784.045 defines aggravated battery as any instance of battery in which one of the following applies:


  1. The defendant intended to cause “great bodily harm, permanent disability, or permanent disfigurement” to the alleged victim
  2. The use of a deadly weapon was involved, whether or not that weapon was actually discharged
  3. The defendant knew, or could reasonably be expected to realize, that the alleged victim was pregnant at the time of the incident


What Qualifies as a Deadly Weapon?


For the purposes of aggravated assault, the Florida Statutes define “deadly weapon” as any weapon used (or threatened to be used) to cause great bodily harm or death. This does, of course, include actual weaponry, like guns. But legal precedent in Florida has also stretched this definition to include things like a beer bottle, a pocket knife, and even a car being driven as though to hit someone else.


Such a broad description grants both the defense and the prosecution a significant amount of leeway. If you’ve been accused of aggravated battery with a deadly weapon, it’s vital to have an experienced defense lawyer on your side to help you navigate the best possible arguments. 


What Are the Consequences for Aggravated Battery Causing Great Bodily Harm with a Deadly Weapon?


On its own, simple battery is a misdemeanor. Aggravated battery, as it takes things a step further, is a second-degree felony, punishable with up to 15 years in prison and up to $10,000 in fines. 


The involvement of a deadly weapon, however, can lead to a first-degree felony charge of aggravated battery with a deadly weapon. First-degree felonies are punishable by up to 30 years in prison along with even heftier fines.


Certain extenuating circumstances can lead to even harsher sentences: 


  • Prior convictions 
  • Other related charges for the same incident
  • The alleged victim belongs to a vulnerable group (children, elderly, disabled, etc)
  • The alleged victim was a law enforcement officer, fireman, EMT, or paramedic and on duty at the time of the incident
  • The weapon in question is a firearm and that firearm was discharged


In addition to these legal repercussions, convicted felons are also likely to face other long-term ramifications. Socially speaking, being a felon may impact personal relationships, be they friendships or romantic attachments. Felons also notoriously have a difficult time obtaining housing, employment, educational opportunities, and professional licensure. 


Aggravated Battery with a Deadly Weapon Defense Lawyer in Orlando


Though such serious consequences can be intimidating, there are a variety of strategies to consider: 


  • Self-defense (or defense of others): the aggravated assault in question was committed in self-defense, or to justifiably protect others
  • Lack of intent to cause harm: there is insufficient evidence to prove the defendant intended to cause great bodily harm by their actions
  • Lack of intent to assault: there is insufficient evidence to prove the defendant intended to touch or strike the alleged victim at all
  • Sufficient provocation: the alleged victim spoke or acted in a manner that reasonably spurred the assault as a reaction
  • Mutual Combat/Consent: the harm was caused in the course of mutual combat or other consensual fight


With so many options, it’s vital to have an experienced defense attorney present to help you navigate these different paths and choose the best one for your case. Hanlon Law offers nearly two decades of experience and an aggressive, dedicated legal team ready to advocate on your behalf. If you’ve been accused of aggravated battery causing great bodily harm with a deadly weapon, believe you may soon be accused of such a crime, or have been involved in any other gun crimes, it’s time to talk to us. Contact Hanlon Law today to schedule your free consultation.

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