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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 charges occur during a disagreement between strangers. 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 either over the phone or in the office.

Call 813-250-0500.

Penalties for Aggravated Battery with a Deadly Weapon

In Florida, the crime of 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 charged is classified as a Level 7 offense for purposes of the severity ranking under Florida’s Criminal Punishment Code.

Unless the court determines that grounds for a downward departure exist, the court is required to sentence a person convicted of Aggravated Battery with a Deadly Weapon to at least twenty-one (21) months in prison. The statutory maximum that can be imposed by the court 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 Florida Statute 775.087(2)(a)(1).

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 discharge then a minimum of 20 year 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.

This article was last updated on Tuesday, March 31, 2020.

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