In Florida, aggravated battery is a second-degree felony punishable by a maximum of 15 years in prison.
Florida law defines aggravated battery as:
(1)(a) A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
However, if a deadly weapon is used and great bodily harm is cause, the crime is elevated to a first-degree felony, which is punishable by up to 30 years in state prison.
A "deadly weapon" can be loosely describe as a weapon (or object) that is likely to cause great bodily harm or death. Obviously, a knife, club, car, and gun can all be "deadly weapons."
Aggravated battery with a deadly weapon is a more serious offense than aggravated battery by itself. More experienced prosecutors will be handling your case if charged with the first-degree felony version of this charge. You should contact an experienced criminal defense attorney to discuss your case if you are facing this charge.
Eric Matheny represents clients in all criminal matters in Miami-Dade and Broward. Call today to discuss your case.