Aggravated Battery with a Deadly Weapon Attorney in Destin
If you have been charged with Aggravated Battery with a Deadly Weapon in Destin, I’m sure you are scared. This charge could seriously affect the rest of your life. As you think about what to do, you really only have 2 options:
- Go with the court-appointed public defender and hope for the best, or
- Hire a professional Destin criminal defense attorney to help you.
My name is Tim Flaherty. Since 2001, have been defending clients accused of Aggravated Battery with a Deadly Weapon in Destin. Call Flaherty Defense Firm today at (850) 460-7470 for a free consultation.
Defining Aggravated Battery with a Deadly Weapon in Destin
Aggravated Battery charges in Destin are handled much differently than misdemeanor battery cases. Even if the victim does not want to see you prosecuted, you are now charged with a violent offense. The State will pick up the charges and move forward towards a goal of putting you in prison.
Aggravated battery with a deadly weapon is the commission of a battery using a deadly weapon. What this means is that if you commit a battery, “touching or striking a person against their will” and while doing so you possessed and used a deadly weapon, the simple misdemeanor battery charge is elevated to a second degree felony.
A deadly weapon is anything that could be used to cause death or great bodily harm. A few common deadly weapons are firearms, knives, swords, baseball bats, daggers, metal knuckles, chemical weapons, billy clubs or black jacks. Even a vehicle can be treated as a deadly weapon if it was used to strike someone intentionally.
Penalties for Aggravated Battery with a Deadly Weapon
This charge is a second degree felony with a maximum sentence of up to 15 years in prison. Under the Florida Punishment Code, Aggravated Battery with a Deadly Weapon is a Level 7 offense that requires a minimum sentence of 21 months in prison if you’re convicted. The minimum sentence goes up if the State adds additional points for victim injury.
With stakes like this, it is important to have the best criminal defense attorney you can find in your corner from the very beginning.
Defending Aggravated Battery charges in Destin
To convict you of Aggravated Battery with a Deadly Weapon, the State must prove that you intentionally struck a person against their will causing bodily harm, and in doing so, you used a deadly weapon. It sounds simple for the State to get a conviction under these criteria which is why you need an advocate on your side that knows what they are doing.
Here are a few examples of what I’ll be looking at:
- Demand all police reports, witness reports and statements;
- Analyze whether law enforcement followed procedure and protocol;
- Does the weapon qualify as a deadly weapon?
- Did the alleged victim provoke the incident?
- Did you act in self defense?
- Take depositions of all witnesses and the alleged victim
- Does the alleged victim want to prosecute you?
- Was this a misunderstanding?
- Is the victim from out of town and does not want to return for court?
- Provide mitigation and argument for a reduced charge
- Defend you at trial if that is what you choose
Get Help from a Destin Aggravated Battery Attorney
When you are ready for straight forward answers, aggressive legal defense, and the best chance you have at staying out of prison, call me at (850) 460-7470.
To learn more about assault and battery cases I handle, click here.