There are several different ways you can get an aggravated battery and we’re going to talk about one today. You can touch someone , yes just ‘touch’ them with a deadly weapon and that touching is called aggravated battery with a deadly weapon.
It’s a very serious charge, even though the injury isn’t serious. It’s a second degree felony punishable by up to 15 years maximum prison. And, this charge scores even a bit of mandatory prison but that’s a topic for another day.
I want you to keep in mind that aggravated battery causing serious bodily harm focuses on the injury. Today, we’re focusing on the weapon used. Aggravated battery with a deadly weapon doesn’t need much injury. Just a touching with a deadly weapon and you’ve got yourself some prison time.
For example, if you just slap somebody with your open hand, that’s a misdemeanor battery (depending on the injury) punishable by up to a year in jail. But if you do that same slap and you have a firearm in your hand (commonly referred to as a pistol whipping)–that same action becomes an aggravated battery with a deadly weapon and you go to prison for that. So, no injury, you just hit them with a gun rather than your hand.
The problem isn’t figuring out if a firearm is a deadly weapon, the problem is figuring out everything else, which can also be deadly weapons depending on how they are used.
The definition of a deadly weapon is an instrument which will likely cause death or great bodily harm when used as designed. or an instrument likely to cause great bodily harm because of the way it was used during a crime. So, if you shoot someone with a stun gun, you’re not going to have an aggravated battery with a deadly weapon because a stun gun isn’t designed to cause death or great bodily harm. But, if you shoot someone with a regular firearm then yes, you have aggravated battery with a deadly weapon because that’s what guns are designed to do.
So keep in mind that there are many different aggravated batteries out there and there’s even mandatory minimums that come with this stuff. Especially with firearms, you can get 10 / 20 or 25 years minimum mandatory prison sentence on a firearm charge.
The line gets blurry on an aggravated battery with a deadly weapon when you look at objects that aren’t firearms.
Take a broomstick, for example. If you look at a martial artist, I mean, I don’t think Bruce Lee would have any problem killing people with a broomstick or even a feather from what I’ve heard.
But in real life, there was a Brevard County case where a guy was convicted of aggravated battery with a deadly weapon and he beat his girlfriend with a broomstick. Brown v. State, 86 So.3d 569 (Fla. 5th DCA 2012) It was a plastic broomstick. She didn’t have any injuries but she testified at the trial that it was very painful to get this beatdown.
The conviction was overturned, the aggravated battery didn’t stand up and was thrown out because it was never proven that the broomstick was used in a way that would cause great bodily harm or death.
Its not just the broomstick, but how are you using it? So this guys’ Brevard County conviction was thrown out because the instrument wasn’t used in a deadly manner.
But remember, aggravated battery with a deadly weapon doesn’t require much in the way of injury. I think that’s where people get confused a lot. Are you using something ‘in a deadly manner’? Or, are you using a ‘deadly device’ itself? These will get you in trouble and possibly get you in prison.
These are the things you want to look out for, you want to call a good local attorney and I do wish you luck on your case. Thanks for watching, take care.