What “Counts” as a Deadly Weapon in New Port Richey Battery Cases?

Battery charges in New Port Richey are much more serious in cases involving deadly weapons. But what exactly “counts” as a deadly weapon? The answer might surprise you, and you can discuss the specifics in more detail with an experienced defense attorney. Although the existence of a deadly weapon might create new potential penalties, these penalties are far from guaranteed, and effective defense strategies may be possible.

Aggravated Battery in Florida Explained 

In Florida, committing the crime of battery while using a deadly weapon can lead to “aggravated battery” charges. This is a second-degree felony, which means you could face up to 15 years in prison if convicted. You might also face up to 15 years of probation and a fine of up to $10,000.

“Simple battery” in Florida involves any intentional physical contact without permission. Alternatively, you can face battery charges for intentionally causing physical harm to someone else – even if you had their permission to engage in physical contact.

If you commit this offense and also use a deadly weapon, you could face charges of aggravated battery. This is true even if you merely “touched” or “struck” an individual with a deadly weapon without actually causing any harm.

For example, you could potentially face second-degree felony charges for simply poking someone with a blunt knife – even if you do not draw blood or cause any injuries. The mere fact that the knife is a “deadly weapon” is enough to trigger these heightened charges.

Note that if you threaten someone with a deadly weapon, you could also face felony charges – even if you never actually caused any harm. For example, you might brandish a knife in a threatening manner with no intent to kill. Note that aggravated assault (threatening) is a third-degree felony compared to the second-degree felony consequences of aggravated battery.

What Is the Legal Definition of a Deadly Weapon in Florida?

The truth is that virtually any object can fall into the general category of “deadly weapon” in Florida. This includes not only knives and firearms, but also blunt objects, vehicles, broken bottles, tools, and much more. The key defining factor is the object’s ability or likelihood to cause serious or fatal injuries. Your defense attorney may be able to argue that the item you allegedly used was not deadly.

Can a Defense Lawyer in New Port Richey Help Me With Battery Charges? 

Whether you were allegedly using a deadly weapon or not, battery charges in New Port Richey are quite serious. An experienced defense attorney can help you explore various defense strategies in this situation, and you can discuss the specifics of your case during a consultation. Each case is unique, and each may require a personalized strategy for positive outcomes. Continue this conversation with the Pasco County assault lawyers at Athanaselos & Associates, P.A. today.

Sources:

leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.045.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.083.html