Aggravated battery with a deadly weapon is simply a battery that is enhanced from a misdemeanor to a felony because it has been alleged that the victim has been struck with an item that could cause death or great bodily harm. Great bodily harm under is distinguished from slight, trivial, or moderate harm that may be caused by a simple battery. J.L. v. State, 60 So. 3d 462 (Fla. 1st DCA 2011). The State sometimes likes to think that any weapon used qualifies as a deadly weapon. That is simply not the case and criminal defense lawyer at Adam L. Bantner, II can help you challenge the State’s evidence.
The crime of Aggravated Battery is found at Fla. Stat. 784.045 It states:
(1)(a) A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Uses a deadly weapon.
(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Aggravated battery is punishable by up to 15 years in prison and scores 56 points (absent a downward departure or plea bargain, crime scores a minimum of 21 months in Florida State Prison.
Simple battery is the mere act of intentionally touching someone against their will. An essential element of the offense of aggravated battery with a deadly weapon that the State must prove beyond a reasonable doubt is that the object used to commit the offense is a deadly weapon. Wolfork v. State, 992 So. 2d 907 (Fla. 2d DCA 2008). As alluded to earlier, the courts have defined a deadly weapon as: (1) an instrument that will likely cause death or great bodily harm when used in the ordinary and usual manner contemplated by its design. Michaud v. State, 47 So. 3d 374 (Fla. 5th DCA 2010); or (2) an object that is used or threatened to be used in a way likely to produce death or great bodily harm. Brown v. State, 86 So.3d 569 (Fla. 5th DCA 2012). For example, a heavy bookend could be considered a deadly weapon if it is used to bludgeon someone over their head.
Courts have likewise found the following objects to not be deadly weapons: a fork when used to stab someone in the back, C.A.C. v. State, 771 So. 2d 1261 (Fla. 2d DCA 2000), a plastic fork used to stab someone in the neck, J.L. v. State, 60 So.3d 462 (Fla. 1st DCA 2011), and a stun gun D.C. v. State, 567 So.2d 998 (Fla. 1st DCA 1990). As you can see, it is important to fight every element of the charged crime.
Whether the weapon used is “deadly” is extremely important. Even if a jury finds that a defendant did batter the victim, if the weapon is deemed “deadly” by the jury the conviction is elevated from a first-degree misdemeanor, punishable by up to one year in jail, to a third-degree felony punishable by up to five years in prison. In addition the possibility of a much greater period of incarceration, you will be subjected to up to five years of probation, a $5,000 fine, increased court costs, and the stigma a felony conviction and the loss of civil rights that comes with such a conviction.
HOW I CAN HELP
Adam L. Bantner, II will help you fight an aggravated battery charge by aggressively challenging the State’s evidence through the discovery process, witness depositions, and skilled litigation. Because so much is at stake, we will work tirelessly to secure the best possible outcome in your case. Call 813.416.7965 today for your free consultation!
Adam Bantner – Criminal Defense Attorney at Law
If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.
Adam L. Bantner, II is a Board Certified Criminal Trial Attorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.
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Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.
I have been defending the accused since 2006 and am Past President of the Hillsborough County Association of Criminal Defense Attorneys.
I have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.
In addition, I am a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give me a call to see how we can help!
I approach each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. My mission is to get the best possible result for every client, in every case, every time. Give me a call to see how I can assist you to get the best results in your case. I are here to help.