Aggravated battery with a deadly weapon is a second-degree felony. This means that for a first offense, you may face a sentence of a maximum of 15 years in prison and a fine of $10,000. … Moreover, under the Florida 10-20-Life law, mandatory minimum sentences must be imposed when a firearm is possessed or discharged.
What is the penalty for aggravated battery with a deadly weapon in Florida?
In Florida, an aggravated battery with a deadly weapon is a second-degree felony which is punishable by up to 15 years of prison and a maximum fine of $10,000.
What is the minimum sentence for aggravated battery in Florida?
Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Aggravated Battery to a minimum sentence of 21 months in prison, but may also sentence the person up to the statutory maximum of fifteen years in prison.
Is aggravated assault with a deadly weapon a felony in Florida?
Assault with a Deadly Weapon is prosecuted as “Aggravated Assault” in Florida, which is a felony. If the deadly weapon is a firearm or destructive device such as a pipe bomb, you face harsh mandatory minimum sentencing of years or even decades in prison.
Can you get probation for aggravated assault with a deadly weapon in Florida?
Aggravated assault is “an assault with a deadly weapon without intent to kill; or with an intent to commit a felony.” Aggravated assault is categorized as a third degree felony, which can result in a prison sentence and/or probation of up to five years and a fine of up to $5,000.
Is aggravated battery a felony in Illinois?
Aggravated battery as defined in subdivision (e)(5) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 12 years and a maximum of 45 years.
What is the minimum sentence for felony battery in Florida?
Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Felony Battery to a minimum sentence of 19-36 months in prison, but may also impose a sentence up to the statutory maximum of five years in prison.
How serious is aggravated battery?
Aggravated battery is a very serious felony charge, and a conviction of this crime can seriously affect your life. You could face a lengthy prison sentence and the stigma of being a convicted felon. Convicted felons cannot vote or possess firearms and often have difficulty finding employment.
Can aggravated battery be reduced?
The charges can be dropped only if the Prosecutor agrees to dismissing the charges. Prosecutor’s seldom drop charges, however, with an attorney your charges can be reduced and you could even negotiate a plea and abeyance which is the most likely scenario.
What is the difference between aggravated battery and felony battery?
The main difference between the crimes of Misdemeanor Battery, Aggravated Battery and Felony Battery lies in the level of harm sustained by the victim. … However, before Felony Battery can be charged (unless you have a prior conviction for battery), you must have inflicted significant injury on another person.
What is a felony battery in Florida?
(1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the will of the other; and. (b) Causes great bodily harm, permanent disability, or permanent disfigurement.
What is aggravated battery in Florida?
(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.
Is assault and battery a felony in Florida?
Penalties for Simple Assault and Battery in Florida
assault increases to a first-degree misdemeanor (up to a year in jail and $1,000 fine), and. battery increases to a third-degree felony (up to five years in prison and a $5,000 fine).
What is the sentence for aggravated assault with a deadly weapon in Texas?
Conviction of the crime of aggravated assault with a deadly weapon — a second-degree felony in Texas — can bring prison time of 2 to 20 years and a fine of up to $10,000. If the assault involves domestic violence, the charge can be a first-degree felony, with punishment as high as life in prison.
Can aggravated assault be dropped?
In many instances, charges can be sealed and/or expunged only when a phenomenal outcome is obtained. Conversely, if an accused is convicted of aggravated assault, then he/she may never have that charge removed from their record. There are a number of defenses available to aggravated assault.
What’s aggravated assault with a deadly weapon?
Aggravated assault with a deadly weapon is defined as any incident of using a deadly weapon to commit an assault. This can include threatening a victim with bodily harm or engaging in contact that the victim finds offensive, even if the victim does not actually suffer physical harm as a result of the assault.