Home » Violent Crimes » Battery and Aggravated Battery » Deadly Weapon

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).

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 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 charged as 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 that grounds for a downward departure exist, the court must sentence a person convicted of Aggravated Battery with a Deadly Weapon to at least twenty-one (21) months in prison.

The statutory maximum that the court can impose, however, 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 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 defenses in these cases are 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 Friday, April 21, 2023.

About our firm

Free Consultation

Submit this form to request a free and confidential consultation with one of our attorneys.

Submit this form to request a free and confidential consultation with one of our attorneys.

Office Locations

Tampa Office:

Sammis Law Firm, P.A.
1005 N. Marion St.
Tampa, FL 33602

(813) 250-0500

map + directions

Clearwater Office:

14010 Roosevelt Blvd. #701
Clearwater, FL 33762

(727) 210-7004

map + directions

New Port Richey Office:

7509 Little Rd.
New Port Richey, FL 34654

(727) 807-6392

map + directions

Battery and Aggravated Battery

Case Results

Not Guilty Verdict

Improper Exhibition of a Firearm
Our client was charged with Improper Exhibition of a Firearm. We took this case to jury trial and successfully held the State of Florida to its burden when the jury returned a Not Guilty Verdict in favor of our client .
view

No Filed

False Imprisonment and Domestic Violence Battery
The Assistant State Attorney filed a “letter of release” to drop the charges for False Imprisonment and Domestic Violence Battery. As a result, the charges were “no-filed.” Prior to that decision, we were able to talk with the alleged victim and provide exculpatory evidence... read more »

Not Guilty Verdict

Lewd and Lascivious Molestation
The jury returned a “NOT GUILTY” verdict on the charge of Lewd and Lascivious Molestation. The charge was pending before the Honorable Susan L. Barthle in Dade City, FL. That version of Lewd and Lascivious Molestation is punishable by life in prison with a... read more »

Not Guilty Verdict

Felony Battery
The jury returned a “NOT GUILTY” jury verdict in Polk County at the courthouse in Bartow, FL. The defense involved extensive impeachment of the State’s only witness in addition to Justifiable Use of Nondeadly Force and Stand Your Ground in a Felony Battery case.

Dismissed

Sexual Violence Injunction
Our firm won a hearing on a sexual violence injunction in Division G in Hillsborough County. The court dismissed the injunction finding there was no competent substantial evidence to award an injunction. The Petitioner failed to present substantial evidence of any sexual violence committed... read more »

*The case results discussed here do not necssarily reflect the potential outcomes of other cases. The facts and circumstances of each case are unique and must be evaluated and handled on their own merit.

Read more Case Results

Client Reviews

“The experience I had with Sammis Law firm in May 2022 was exceptional. I was contacted by Joshua M and he was the absolute best at his job and very professional. He kept me informed every step of the way with my case, and he worked hard in getting my charges of domestic assault dismissed. Thank you Joshua and Sammis Law Firm. Their paralegal Danielle was also very amazing.”

Kimmy

A Google user

Rated 5.0 out of 5
google-rating

“Working with Sammis Law Firm was an absolute pleasure from start to finish. Their professionalism, attention to detail, and dedication to their clients is unparalleled. The outcome of my case was extremely satisfactory, and I attribute that success to the hard work and dedication of the team at Sammis Law Firm. I am so grateful to have had them by my side, and I cannot recommend them highly enough. If you are in need of legal assistance, do not hesitate to reach out to Sammis Law Firm. They will fight for you every step of the way, just as they did for me.”

Sebastian

A Google user

Rated 5.0 out of 5
google-rating

“I would highly recommend Leslie to anyone in need of legal services. I couldn’t have done it without you!”

Jony T

A Google user

Rated 5.0 out of 5
google-rating

“Her knowledge of the law, and her exceptional communication skills, made it easy to navigate the complex legal system. I would highly recommend Leslie to anyone in need of legal services. I couldn’t have done it without you!”

Katty D

A Google user

Rated 5.0 out of 5
google-rating

“Leslie Sammis was extremely professional and provided guidance and support every step of the way. Her knowledge of the law, and her exceptional communication skills, made it easy to navigate the complex legal system. I would highly recommend Leslie to anyone in need of legal services. I couldn’t have done it without you!”

Ryan A

A Google user

Rated 5.0 out of 5
google-rating
Read more reviews

Our Attorneys

Jason D. Sammis
Leslie M. Sammis
Joshua Monteiro
Katherine A. Aranda
Dominique Celerin
Idalis M. Vento
More Attorneys + Staff