Aggravated Battery with a Deadly Weapon in Okaloosa County
If you have been charged with Aggravated Battery with a Deadly Weapon in Okaloosa County, it is vitally important that you take immediate steps to protect yourself. Instead of settling for the public defender, ask yourself if you would feel better about your chances if you had representation from a local criminal defense attorney with extensive experience defending clients accused of Aggravated Battery.
My name is Tim Flaherty. Since 2001, I have practiced criminal law exclusively in Okaloosa County. I have the experience, expertise, and creativity to get results for my clients. If you would like to see what my team and I can do for you, call me at (850) 243-6097.
Overview of Aggravated Battery Under Florida Law
Florida Statute 784.045 defines Aggravated Battery with a Deadly Weapon as: “A person commits aggravated battery who, in committing battery, uses a deadly weapon.”
A deadly weapon is defined as anything that is used outside of its intended purpose to inflict great bodily harm. As you can imagine, just about anything can be used a deadly weapon, so it doesn’t have to be a gun, knife, baseball bat, etc.
Penalty For Aggravated Battery with a Deadly Weapon in Okaloosa County
This charge is a second degree felony. The maximum term of incarceration is 15 years state prison. Under the Florida sentencing guidelines, this is a level 7 offense (56 points) which means you face a minimum sentence of 21 months if convicted. If the state adds enhancements to your sentencing based on the victim’s level of injury, your minimum sentence would be calculated as follows:
- No injury points: 56-28=28. 28 x 0.75= 21 months department of corrections.
- Slight Injury: 56 + 4 injury points = 60. 60-28=32. 32 x 0.75= 24 months department of corrections.
- Moderate Injury: 56 + 18 injury points=74. 74-28=46. 46 x 0.75=34.5 months department of corrections.
- Severe Injury: 56 + 40 injury points=96. 96-28=68. 68 x 0.75=51 months department of corrections.
What can an Okaloosa County criminal lawyer do for me?
I take a careful and methodical approach to how I develop defenses for serious felony charges. The following is a summary of some of the issues I’ll be looking at:
- I will look at the elements of the charge to see if the state has sufficient evidence to prove their case. For example, they will have to prove that a deadly weapon was used in the crime.
- I will verify whether they actually have the weapon. If I can show that the state can’t prove a deadly weapon was used, the charge will likely be dismissed or reduced to misdemeanor battery.
- I will review whether self defense or defense of others is a defense I can raise. If you were in a fight and felt as though you had to defend yourself, Florida law allows you to do so.
- I will talk to all witnesses involved, including the alleged victim. We will look for inconsistencies or “holes” in their story.
- I will also find out whether the alleged victim is pressing charges or is willing to either drop the charges or agree to a lesser sentence.
- I will prepare your case for trial. While most cases get resolved or dismissed without a trial, it is important that the prosecutor know that your attorney is not afraid of trial and knows what they are doing in trial.
- I will explore plea bargain offers, especially those to do not require a prison sentence or a felony conviction on your record.
Call your Okaloosa County Aggravated Battery Attorney.
If you have been charged with Aggravated Battery with a Deadly Weapon in Okaloosa County, you have a lot at stake. You are facing up to 15 years in prison and a permanent felony conviction on your record. Now is the time to do whatever is necessary to fight back and prevent the worst case scenario from happening to you. I am ready to go to work for you, so call me 24 hours a day, 7 days a week at (850) 243-6097.