Aggravated Battery – Deadly Weapon

Aggravated Battery – Deadly Weapon

Aggravated Battery– Deadly Weapon

What must the prosecutor prove in an Aggravated Battery– Deadly Weapon case?
According to Florida Statute § 784.045, a person commits aggravated battery who, in committing a Battery, uses a deadly weapon.

What are the maximum penalties in an Aggravated Battery–Deadly Weapon Case?
In Florida, Aggravated Battery-Deadly Weapon is a second-degree felony punishable by a maximum of:

  1. 15 years of imprisonment
  2. A $10,000.00 fine
  3. 15 years of probation

What is a deadly weapon?
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.

Possible Defenses to an Aggravated Battery – Deadly Weapon charge:

  1. The Florida Stand Your Ground Law

Under the Florida Stand Your Ground Law a person is justified in using deadly force if he or she reasonably believes that using such force is necessary to prevent imminent death or great bodily harm to himself, herself, or another or to prevent the imminent commission of a forcible felony.

  1. Self Defense to an Aggravated Battery – Deadly Weapon charge

Even when a judge rules that the Florida Stand Your Ground Law does not apply in a case, a person accused of Aggravated Battery can still claim he or she acted in Self-Defense.

If a jury, or in the case of a bench trial, the judge, were to find that there was a reasonable doubt as to whether or not a person was justified in using deadly force to protect himself or herself, then the jury or judge should find the person not guilty.

  1. The Witnesses are Lying

Alleged victims and witnesses in Aggravated Battery – Deadly Weapon cases sometimes make false accusations because they have a motive to lie.  For example, child custody issues, cheating in a relationship, and other conflicts can motivate a person to claim an Aggravated Battery occurred when it did not.  A Defense Attorney can expose these motivations and attack false allegations.

  1. The Witnesses May Be Mistaken

Sometimes a witness may claim to have seen a Battery take place, but they were mistaken.  For example, Attorney Hardy handled an Aggravated Battery Deadly Weapon case in which a witness claimed to have seen Attorney Hardy’s client strike the alleged victim at a bar with a beer bottle.  However, during Attorney Hardy’s investigation, Attorney Hardy was able to prove that there was very little light in the bar, the witness had been drinking heavily, and that the witness saw the events take place behind her – through her legs – as she was crawling on the bar.  Evidence like this can discredit a witness’s testimony.

Common Question Regarding an Aggravated Battery  – Deadly Weapon charge

  1. Does the State Have to Dismiss an Aggravated Battery – Deadly Weapon Charge if the Victim Decides Not To Prosecute?

No.  Although the victim can request that the State Attorney’s Office not prosecute, the decision whether or not to prosecute is up to the prosecutor.  If the prosecutor can prove the case using other witnesses, videos, photos, or a 911 call, they will normally proceed with the case with or without the victim.

Are you looking for the best Aggravated Battery with a Deadly Weapon lawyer in Tampa Florida? Contact Attorney David C. Hardy.

Tampa Attorney David C. Hardy is a former prosecutor that now represents persons accused of Aggravated Battery with a Deadly Weapon.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of Aggravated Battery cases.

If you or a loved one has been arrested for Aggravated Battery with a Deadly Weapon in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.