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Aggravated Battery with a Deadly Weapon

What happens after an arrest in Florida for AGGRAVATED BATTERY DEADLY WEAPON (BATT5000), a second degree felony? This serious charge comes with no bond until after the first appearance hearing.

Many of these cases occur during a disagreement between strangers, although the person accused and the alleged victim might know each other as relatives, neighbors, or co-workers. If the person accused and the alleged victim are related by blood or marriage, then the crime might be classified as a type of domestic violence.

In Florida, crimes for aggravated battery with a deadly weapon are charged under Section 784.045(1)(a). The docket might list the crime as: “BATT5000 (FS) AGGRAVATED BATTERY DEADLY WEAPON 07/03/2024 SECOND DEGREE FELONY.”

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.

If you were acting in self-defense at the time of the incident, we could help you file a stand-your-ground motion to fight for a dismissal of the charges before the case is even set for trial.

In some cases, the alleged victim might also file a petition for protection injunction against domestic violence, repeat violence, or stalking. We can also represent you on the petition for an injunction at the hearing.

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 over the phone or in the office.

Call 813-250-0500.

Penalties for Aggravated Battery with a Deadly Weapon

In Florida, Aggravated Battery with a Deadly Weapon is a second-degree felony, which is punishable by up to fifteen (15) years in prison and a $10,000 fine. The charge is classified as a Level 7 offense for the severity ranking under Florida’s Criminal Punishment Code.

Unless the court determines grounds for a downward departure, a person convicted of Aggravated Battery with a Deadly Weapon must be sentenced to at least twenty-one (21) months in prison. However, the statutory maximum the court can impose is up to fifteen (15) years in prison.

The penalties for this crime are subject to Florida’s 10-20-Life firearm enhancement. The allegation that a deadly weapon was used to commit the crime would trigger a mandatory minimum prison sentence under Florida’s 10-20-Life law found in Section 775.087(2)(a)(1), F.S.

When triggered, Florida’s 10-20-Life statute requires the  following mandatory-minimum prison sentence depending on how the firearm was used:

  • if the firearm was merely possessed, then a minimum of 10 years in prison;
  • if the firearm was discharged, then a minimum of 20 years in prison;
  • if someone is injured or killed by the firearm, then a minimum of 25 years in prison;

The most commonly asserted defense in these cases is self-defense against an unlawful attack, also known as the justified use of deadly or non-deadly force.

Other Types of Aggravated Battery Crimes in Florida

Other types of aggravated battery crimes commonly prosecuted in Florida include the following:

  • Special Victim Status
    • BATT0230 784.045(1)(a)2/784.081(2)(a) AGGRAVATED BATTERY ON A SPECIFIED OFFICIAL OR EMPLOYEE DEADLY WEAPON Felony First Degree
    • BATT0220 784.045(1)(a)/784.081(2)(a) AGGRAVATED BATTERY ON A SPECIFIED OFFICIAL OR EMPLOYEE GREAT BODILY HARM OR DEADLY WEAPON Felony First Degree
    • BATT0225 784.045(1)(a)1/784.081(2)(a) AGGRAVATED BATTERY ON A SPECIFIED OFFICIAL OR EMPLOYEE GREAT BODILY HARM Felony First Degree
    • BATT1012 784.045(1)(a)2/784.07(2)(d) AGGRAVATED BATTERY ON LAW ENFORCEMENT OFFICER DEADLY WEAPON Felony First Degree
    • BATT1014 784.045(1)(a)1/784.07(2)(d) AGGRAVATED BATTERY ON LAW ENFORCEMENT OFFICER GREAT BODILY HARM Felony First Degree
    • BATT1016 784.045(1)(a)/784.07(2)(d) AGGRAVATED BATTERY ON LAW ENFORCEMENT OFFICER GREAT HARM DEADLY WEAPON Felony First Degree
    • BATT1017 784.045(1)(a)1/784.07(2)(d)/775.087(1) AGGRAVATED BATTERY ON A LAW ENFORCEMENT OFFICER WITH A WEAPON GREAT BODILY HARM Felony Life
    • BATT1025 784.045(1)(a)2/784.07(2)(d) AGGRAVATED BATTERY ON AN EMERGENCY MEDICAL CARE PROVIDER DEADLY WEAPON Felony First Degree
    •  BATT1026 784.045(1)(a)/784.07(2)(d) AGGRAVATED BATTERY ON AN EMERGENCY MEDICAL CARE PROVIDER GREAT BODILY HARM Felony First Degree
    • BATT1027 784.045(1)(a)/784.07(2)(d) AGGRAVATED BATTERY ON AN EMERGENCY MEDICAL CARE PROVIDER GREAT BODILY HARM OR DEADLY WEAPON Felony First Degree
    • BATT1028 784.045(1)(a)(2)/784.07(2)(d) AGGRAVATED BATTERY ON A PUBLIC TRANSIT EMPLOYEE (DEADLY WEAPON) Felony First Degree
    • BATT1029 784.045(1)(a)1/784.07(2)(d) AGGRAVATED BATTERY ON A PUBLIC TRANSIT EMPLOYEE GREAT BODILY HARM Felony First Degree
    • BATT1030 784.045(1)(a)/784.07(2)(d) AGGRAVATED BATTERY ON A PUBLIC TRANSIT EMPLOYEE GREAT BODILY HARM OR DEADLY WEAPON Felony First Degree
    • BATT1031 784.045(1)(a)2/784.07(2)(d) AGGRAVATED BATTERY ON A PARKING ENFORCEMENT SPECIALIST DEADLY WEAPON Felony First Degree
    • BATT1032 784.045(1)(a)1/784.07(2)(d) AGGRAVATED BATTERY ON A PARKING ENFORCEMENT SPECIALIST GREAT BODILY HARM Felony First Degree
    • BATT1033 784.045(1)(a)/784.07(2)(d) AGGRAVATED BATTERY ON A PARKING ENFORCEMENT SPECIALIST GREAT BODILY HARM OR DEADLY WEAPON Felony First Degree
    • BATT1034 784.045(1)(a)2/784.07(2)(d) AGGRAVATED BATTERY ON A LICENSED SECURITY OFFICER (DEADLY WEAPON) Felony First Degree
    • BATT1035 784.045(1)(a)(1)/784.07(2)(d) AGGRAVATED BATTERY ON A LICENSED SECURITY OFFICER (GREAT BODILY HARM) Felony First Degree
    • BATT1036 784.045(1)(a)/784.07(2)(d) AGGRAVATED BATTERY ON A LICENSED SECURITY OFFICER (GREAT BODILY HARM/DEADLY WEAPON) Felony First Degree
    • BATT1112 784.045(1)(a)2/784.07(2)(d) AGGRAVATED BATTERY ON A FIREFIGHTER DEADLY WEAPON Felony First Degree
    • BATT1114 784.045(1)(a)1/784.07(2)(d) AGGRAVATED BATTERY ON FIREFIGHTER GREAT BODILY HARM Felony First Degree
    • BATT1116 784.045(1)(a)/784.07(2)(d) AGGRAVATED BATTERY ON FIREFIGHTER GREAT BODILY HARM OR DEADLY WEAPON Felony First Degree
  • Age of Victim
    • BATT5090 784.045(1)(a)2/784.08(2)(a) AGGRAVATED BATTERY DEADLY WEAPON VICTIM OVER 65 Felony First Degree
  • Special Offender Status
    • BATT2003 784.045(1)(a)/784.082(1) AGGRAVATED BATTERY BY A DETAINED PERSON GREAT BODILY HARM OR DEADLY WEAPON Felony First Degree
    • BATT2005 784.045(1)(a)2/784.082(1) AGGRAVATED BATTERY BY A DETAINED PERSON DEADLY WEAPON Felony First Degree
    • BATT2010 784.045(1)(a)1/784.082(1) AGGRAVATED BATTERY BY A DETAINED PERSON GREAT BODILY HARM Felony First Degree
  • Aggravated Battery
    • BATT5000 784.045(1)(a)(2) AGGRAVATED BATTERY DEADLY WEAPON Felony Second Degree
    • BATT5050 784.045(1)(a)(1) AGGRAVATED BATTERY GREAT BODILY HARM Felony Second Degree
    • BATT5052 784.045(1)(a)(1)/784.03(2) AGGRAVATED BATTERY GREAT BODILY HARM (SECOND OR SUBSEQUENT) Felony Second Degree
    • BATT5055 784.045(1)(a) AGGRAVATED BATTERY GREAT BODILY HARM OR DEADLY WEAPON Felony Second Degree
    • BATT5056 784.045(1)(a)/777.011 PRINCIPAL TO AGG BATTERY GREAT BODILY HARM OR DEADLY WEAPON Felony Second Degree
    • BATT5070 784.045(1)(a)1/775.087(1) AGGRAVATED BATTERY WITH A WEAPON GREAT BODILY HARM Felony First Degree
    • BATT5071 784.045(1)(a)/775.087(1) AGGRAVATED BATTERY GREAT BODILY HARM AND DEADLY WEAPON Felony First Degree
    • BATT5077 784.045(1)(a)/784.08(2)(a) AGGRAVATED BATTERY GREAT BODILY HARM OR DEADLY WEAPON VICTIM OVER 65 Felony First Degree
  • Victim Status as Pregnant Female
    • BATT5080 784.045(1)(b)/784.045(1)(a)2 AGGRAVATED BATTERY PREGNANT FEMALE OR DEADLY WEAPON Felony Second Degree
    • BATT5081 784.045(1)(b)/784.045(1)(a)/775.087(1) AGGRAVATED BATTERY PREGNANT FEMALE AND DEADLY WEAPON Felony First Degree
    • BATT5085 784.045(1)(b)/784.045(1)(a)1 AGGRAVATED BATTERY PREGNANT FEMALE OR GREAT BODILY HARM Felony Second Degree
    • BATT6000 784.045(1)(b) AGGRAVATED BATTERY ON PREGNANT FEMALE Felony Second Degree
  • Guns
    • GUNS0346 784.045(1)(a)2/775.087(2) AGGRAVATED BATTERY DEADLY WEAPON FIREARM – POSSESS Felony Second Degree
    • GUNS0347 784.045(1)(a)/775.087(1) & (2) AGGRAVATED BATTERY GREAT BODILY HARM OR DEADLY WEAPON FIREARM – POSSESS Felony First Degree
    • GUNS0348 784.045(1)(a)/775.087(1) & (2) AGGRAVATED BATTERY GREAT BODILY HARM OR DEADLY WEAPON FIREARM – DISCHARGE Felony First Degree
    • GUNS0349 784.045(1)(a)/775.087(1) & (2) AGGRAVATED BATTERY GREAT BODILY HARM OR DEADLY WEAPON FIREARM – GREAT BODILY HARM/DEATH Felony First Degree
    • GUNS0351 784.045(1)(a)2/775.087(2) AGGRAVATED BATTERY DEADLY WEAPON FIREARM – DISCHARGE Felony Second Degree
    • GUNS0356 784.045(1)(a)2/775.087(2) AGGRAVATED BATTERY DEADLY WEAPON FIREARM – GREAT BODILY HARM/DEATH Felony Second Degree
    • GUNS0358 784.045(1)(b)/784.045(1)(a)1/775.087(1) & (2) AGGRAVATED BATTERY PREGNANT FEMALE OR GREAT BODILY HARM FIREARM – DISCHARGE Felony First Degree
    • GUNS0359 784.045(1)(b)/784.045(1)(a)1/775.087(1)/775.087(2) AGGRAVATED BATTERY PREGNANT
    • GUNS0361 784.045(1)(a)1/775.087(1) & (2) AGGRAVATED BATTERY GREAT BODILY HARM FIREARM – POSSESS Felony First Degree
    • GUNS0366 784.045(1)(a)1/775.087(1) & (2) AGGRAVATED BATTERY GREAT BODILY HARM FIREARM – DISCHARGE Felony First Degree
    • GUNS0367 784.045(1)(a)/775.087(1) & (2) AGGRAVATED BATTERY GREAT BODILY HARM AND DEADLY WEAPON (FIREARM – POSSESS) Felony First Degree
    • GUNS0368 784.045(1)(a)/775.087(1) & (2) AGGRAVATED BATTERY GREAT BODILY HARM AND DEADLY WEAPON (FIREARM – DISCHARGE) Felony First Degree
    • GUNS0369 784.045(1)(a)/775.087(1)/775.087(2) AGGRAVATED BATTERY GREAT BODILY HARM AND DEADLY WEAPON FIREARM – GREAT BODILY HARM/DEATH Felony First Degree
    • GUNS0371 784.045(1)(a)1/775.087(1) and (2) AGGRAVATED BATTERY GREAT BODILY HARM FIREARM – GREAT BODILY HARM/DEATH Felony First Degree
    • GUNS0374 784.045(1)(a)/784.07(2)(d)/775.087(2) AGGRAVATED BATTERY ON LAW ENFORCEMENT OFFICER (GREAT BODILY HARM/DEADLY WEAPON) (FIREARM – GREAT BODILY HARM/DEATH) Felony First Degree
    • GUNS0337 784.045(1)(a)2/784.08(2)(a)/775.087(2) AGGRAVATED BATTERY DEADLY WEAPON VICTIM OVER 65 FIREARM POSSESS Felony First Degree
    • GUNS0338 784.045(1)(a)2/784.08(2)(a)/775.087(2) AGGRAVATED BATTERY DEADLY WEAPON VICTIM OVER 65 FIREARM DISCHARGE Felony First Degree
    • GUNS0339 784.045(1)(a)2/784.08(2)(a)/775.087(2) AGGRAVATED BATTERY DEADLY WEAPON VICTIM OVER 65 FIREARM GREAT BODILY HARM/DEATH Felony First Degree
    • GUNS0352 784.045(1)(b)/784.045(1)(a)2/775.087(1) & (2) AGGRAVATED BATTERY PREGNANT FEMALE OR DEADLY WEAPON FIREARM – POSSESS Felony First Degree
    • GUNS0353 784.045(1)(b)/784.045(1)(a)2/775.087(1) & (2) AGGRAVATED BATTERY PREGNANT FEMALE OR DEADLY WEAPON FIREARM – DISCHARGE Felony First Degree
    • GUNS0354 784.045(1)(b)/784.045(1)(a)2/775.087(1) & (2) AGGRAVATED BATTERY PREGNANT FEMALE OR DEADLY WEAPON FIREARM – GREAT BODILY HARM/DEATH Felony First Degree
    • GUNS0362 784.045(1)(b)/775.087(1)/775.087(2) AGGRAVATED BATTERY PREGNANT FEMALE FIREARM – POSSESS Felony First Degree
    • GUNS0363 784.045(1)(b)/775.087(1)/775.087(2) AGGRAVATED BATTERY PREGNANT FEMALE FIREARM – DISCHARGE Felony First Degree
    • GUNS0364 784.045(1)(b)/775.087(1)/775.087(2) AGGRAVATED BATTERY PREGNANT FEMALE FIREARM – GREAT BODILY HARM/DEATH Felony First Degree
  • Extra SAO Code
    • SAO00001 784.045(1)(a)(2)/784.03(2) AGGRAVATED BATTERY (DEADLY WEAPON) Felony Second Degree
    • SAO10003 784.045(1)(a)1/784.03(2)/775.087(1) AGGRAVATED BATTERY WITH A WEAPON (GREAT BODILY HARM) (2ND OR SUBSEQUENT) Felony First Degree
    • SAO10002 784.045(1)(b)/784.03(2) AGGRAVATED BATTERY ON PREGNANT FEMALE (2ND AND SUBSEQUENT) Felony Second Degree
  • Hate Crimes
    • HATE0002 784.045(1)(a)1/775.085/775.087(1) and (2) AGGRAVATED BATTERY EVIDENCING PREJUDICE GREAT BODILY HARM FIREARM – GREAT BODILY HARM/DEATH Felony Life
    • HATE0004 784.045(1)(a)(1)/775.085 AGGRAVATED BATTERY EVIDENCING PREJUDICE (GREAT BODILY HARM) Felony First Degree
  • Mask
    • MASK0346 784.045(1)(a)2/775.087(2)/775.0845(2)(b) AGGRAVATED BATTERY WHILE WEARING A MASK (DEADLY WEAPON) (FIREARM – POSSESS) Felony First Degree

This article was last updated on Monday, October 21, 2024.

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