The Charges
Officers arrested a defendant who beat up the accused suspect involved in stealing his girlfriend’s bank card. The defendant recovered the bank card after beating him unconscious with his legally registered handgun. The defendant now faces felony charges of aggravated battery with a firearm.
Aggravated Battery With A Firearm
Aggravated battery with a firearm is a second-degree felony in Florida. It is defined as intentionally touching or striking another person. In doing this, either a deadly weapon was used, the battered was pregnant, or the defendant knowingly caused bodily harm or disability to the individual.
Penalties and Consequences For Aggravated Battery With A Firearm
The penalties that are received for aggravated battery with a firearm will depend on how the firearm was used during the altercation. A fine and probation can also be given as a sentence to go along with jail time.
If the offender was in possession of the firearm, the minimum of ten years in prison can be charged.
If the firearm was either a semi-automatic or a machine gun, the charges will be increased to a minimum of 15 years in prison.
If the firearm was discharged during the battery, a minimum of 20 years in prison can be charged.
If an individual is harmed or killed with the firearm, a minimum of 25 years in prison can be served.
Besides penalties that are given by a judge, one will also have a criminal record for the rest of their lives. This means anytime an application is filled out, you will have to mark the box for being a convicted felon. You could experience a hard time finding an employer and may be turned away from renting houses, apartments, or condos. Those who rent these places also have the right to evict anyone that has committed a felony. You will also not be allowed to vote and will have lost your right to ever run for a public office.
Defenses For Aggravated Battery
There are many defenses that can be used in Florida for aggravated battery with a firearm. These include:
- Self-defense
- Alibi
- Lack of intent to strike or touch
- Consent or mutual combat
- Stand your ground
- No intent to cause bodily harm
- Defense of others
Legal Services With Musca Law
If you have been charged with aggravated battery with a firearm. Musca Law can help you. We are professionals with much experience in criminal law. Our lawyers work together, pooling our resources and skills to get our clients the best possible outcome. We will fight hard for your rights, and use the appropriate defenses to have your charges reduced or completely dropped.
RESULT: The defense convinced the State that the victim would not be able to positively identify the client for a jury. The attorney successfully persuaded the prosecution to reduce the charges resulting in NO AGGRAVATED BATTERY WITH A FIREARM CONVICTION and NO MANDATORY PRISON TIME!