A woman accused the Defendant of breaking a window at her home and striking her in the head with a handgun. Police felt probable cause existed to arrest the Defendant, charging him with Aggravated Battery with a Deadly Weapon, and Aggravated Assault with a Firearm. Our Client faced serious felony charges, punishable by up to 20 years in prison.
Aggravated Battery with a Deadly Weapon
Under Florida law, aggravated battery with a deadly weapon is an intentional battery with a weapon intending to do great harm. A deadly weapon can be everyday items, such as a baseball bat or a glass window pane. It can also be battery against a woman who is pregnant. Examples of aggravated battery with a deadly weapon include shooting a person with a gun, battery that involves breaking the nose, disfiguring it, and or battery against a police officer. This is a second-degree felony resulting in up to 15 years of prison time with 15 years of probation. There will also be a $10,000 fine.
Aggravated Assault with a Firearm
Aggravated assault with a firearm is pretty much the same as aggravated battery with a deadly weapon. However, aggravated assault with a firearm means different mandatory sentencing. A minimum of 10 years will be spent in prison if the offender was in possession of a firearm. If the firearm was discharged, a minimum of 20 years will be given for prison time. If someone is injured or killed with the firearm, a minimum of 25 years of prison time will be received.
Defenses For Aggravated Assault with a Deadly Weapon or with a Firearm
There are numerous defenses that can be used for either one of these crimes. These are:
- Consent- Many times this form of defense can be used for athletic events.
- Mutual combat- If both individuals took part in the fight, neither of them can be held fully responsible.
- Insufficient intent- If a person is trying to assist another person, this can not be viewed as aggravated assault. Another example of this is when an individual is throwing a temper tantrum and hurts another person.
- Self-defense- If you are protecting yourself from another person, you can not be charged with aggravated assault.
- Defense of others- If you are protecting another person from getting hurt, you can not be charged with aggravated assault.
Receiving Legal Representation
If you have been charged with aggravated battery with a deadly weapon or aggravated assault with a firearm, you will need legal representation. We at Musca Law can negotiate with the prosecution. We have many strong defenses that we can use. Musca Law offers a free initial consultation, 24/7 phone call service, and a team of lawyers with over 150 years of experience. We serve all of the state of Florida, with multiple offices. We often are able to have charges reduced or even completely dropped.
RESULT: With a strong legal defense, our Attorney negotiated a plea resulting in reduced charges.