If you have been charged with aggravated battery with a firearm then you may have a defense. “Stand your Ground,” self-defense, and accidental/unintentional shooting are all defenses that are oftentimes successful when fighting an aggravated battery case. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about how to beat your aggravated battery case in Florida, contact Matthew Williams now for a free consultation.
In Florida, aggravated battery with a firearm is defined under Florida Statute 784.045(2): A person commits an aggravated battery with a firearm in Florida when they:
- Intentionally touch or strike another person against their will with a firearm;
In Florida, aggravated battery with a firearm is a second-degree felony, meaning it is punishable by up to fifteen 15 years in prison, or up to 15 years of probation and up to $10,000 in fines (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed 15 years unless you are sentenced under a firearm enhancement like 10-20-life). In addition to facing jail time, if you are adjudicated guilty of aggravated battery with a firearm battery then you will never be able to remove the conviction from your permanent record.
10-20-Life Firearm Enhancement
Under Florida Statute 775.087(2)(a)(1), anybody convicted of possessing a firearm while committing an aggravated battery is required to be sentenced to a minimum mandatory of either 10 years, 20 years or 25 years to life in prison depending on the facts of the case. Minimum mandatory sentences are mandatory, which means that if you are convicted, the judge has no discretion and must impose the following sentences if you are convicted:
At least 10 years in prison if you are convicted of actually possessing a firearm at any time during the commission or an attempt to commit an aggravated battery;
At least 20 years in prison if you are convicted of discharging a firearm during the commission of or attempt to commit an aggravated battery;
At least 25 years and up to life in prison if you are convicted of discharging a firearm during the commission of an aggravated battery and causing death or great bodily harm.
Felony convictions carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with aggravated battery with a deadly firearm in Florida then contact Matthew Williams now for a free consultation.