Armed Battery

Armed Battery
If in the course of committing battery against another person, the person committing the battery carries brandishes or uses a firearm or other deadly weapons against the other person, this person has committed the crime of armed battery. In the State of Florida and in all its jurisdictions, such as Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, a person can be charged with armed battery if the brandishing or use of a firearm or a deadly weapon occurs prior to, contemporaneous with, or subsequent to the act of battery. A person who commits armed battery against another commits a felony of the first degree. In Florida the punishment upon conviction of a first degree felony is a maximum prison sentence of thirty years.

The presence of a weapon significantly increases the seriousness of the crime, and if a person is convicted of armed battery, a person may be imprisoned for life. Due to the seriousness of your crime and its consequences of substantial prison time, if you have been arrested for the crime of armed battery in the State of Florida and in any of its jurisdictions, such as Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, you need to immediately call and consult with a criminal defense lawyer in your area. If you have used a firearm in the commission of a felony such as armed battery, Florida has a sentencing enhancement statute which requires the sentencing judge to sentence upon conviction to ten years of prison if a firearm is displayed during the commission of the felony, twenty years if the firearm is discharged, and life if anyone is injured by the use of the firearm.

Battery
In the State of Florida and in all its jurisdictions, such as Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, the offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the person on whom the act of violence was committed. The offense of battery also occurs when one intends to cause another person great bodily harm, which may cause permanent disfigurement or permanent disability. A person who commits this type of battery commits a misdemeanor of the first degree. Battery is punishable by up to one year in prison.

Florida Weapons and Guns Charges
When you are charged with armed battery, you are facing an offense that also involves a serious weapon-related offense. In the State of Florida and in any of its jurisdictions, if you have a gun during the commission of a crime, there is a 10-year minimum mandatory sentence. If you fire a gun during the commission of a crime there is a 20-year minimum sentence. If you shoot a person during the course of a crime there is a 25 years to Life minimum sentence. The best way to deal with such offenses is to consult with and retain a criminal defense lawyer immediately so your criminal lawyer can help guide you through the legal process.

Unlawful Possession of a Firearm in Florida
If the weapon you used in committing armed battery is a gun, the firearm in your possession is subject to very specific laws and requirements. In the State of Florida and in any of its jurisdictions, such as Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, there are specific requirements in place for legally purchasing and owning a firearm. If the procedure is not followed properly, in addition to the offense of armed battery, you can also be charged with unlawful possession of that firearm. The penalty for a conviction under this charge can range from a misdemeanor to a felony, and it can include a heavy fine and substantial prison time in certain circumstances. A felon may not carry firearms in Florida. A felon in possession of a firearm gets a penalty of a minimum 3-year sentence, even if no crime is being committed.

The possession of an illegal firearm is in itself a serious offense and different circumstances accompanying the possession of an illegal firearm can lead to different potential consequences. Florida is a State that is known for being tough on crime, and that is especially true when it comes to weapons-related charges. Florida statutes clearly define who is allowed to carry a weapon, who is not allowed, and who is allowed carry a concealed weapon. The severity of penalties that can result from a conviction under these charges can vary from a misdemeanor to a felony, depending on the surrounding facts of the case.

Stolen Firearm
If the firearm you brandished during the commission of armed battery is stolen, you are facing a violation that encompasses both illegal and unlawful possession of a firearm, as well as being in possession of a stolen property, and you are now looking at some very serious charges and penalties. The possession of a stolen firearm in itself is a third-degree felony at a minimum. If you have been arrested for armed battery and the possession of a stolen firearm in Florida and its jurisdictions such as Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, you have facing some very serious charges.

Felony Battery
If a person actually or intentionally touches or strikes another person and intends to cause the victim great bodily harm as well, which includes causing permanent disability or permanent disfigurement, this person has committed felony battery of the third degree. In the State of Florida and in all its jurisdictions, such as Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, felony battery is punishable by up to five years in prison. If a firearm or any deadly weapon is involved in a felony battery, the presence of a weapon significantly increases the seriousness of the crime, and if convicted, the penalty may be life imprisonment.

Aggravated Battery
Like felony battery, a person who commits aggravated battery actually or intentionally touches or strikes another person and intends to cause this person great bodily harm, which includes causing permanent disability or permanent disfigurement, and he or she commits the crime using a deadly weapon. The difference between felony battery and aggravated battery is that in aggravated battery the victim of the battery is pregnant at the time battery was committed against her, and the offender knows or should have known that the victim is pregnant. In the State of Florida and in all its jurisdictions, such as Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, aggravated battery is a felony of the second degree and it is punishable by up to 15 years in prison.

Prior and Subsequent Battery Convictions
In the State of Florida and in all its jurisdictions, such as Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, a person who has had a prior conviction for battery, aggravated battery, felony battery or armed battery, and who commits a second or subsequent battery commits a felony of the third degree. A felony of the third degree carries a punishment of up to five years in prison. A prior conviction means a determination of guilt has been made as a result of a trial or a plea, even if the plea entered is a nolo contendere. A nolo contendere in a criminal lawsuit means that while a defendant's plea does not admit guilt, he or she is subjected to punishment as though a guilty plea had been entered; the determination of guilt may remain open in other proceedings.

If you have been arrested for armed battery in Palm Beach, Fort Lauderdale, Orlando, Miami Dade County, West Palm Beach, Vero Beach, Tampa, Broward County, St. Petersburg, Fort Meyers, or Jacksonville, Florida, call 1-800-761-3446 to speak with Attorney Ralph Behr immediately.