Criminal Attorney

Jacksonville, Florida

Armed Battery

Battery
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. Battery is a misdemeanor of the first degree and battery is punishable by up to one year in jail.

Aggravated Battery
Aggravated Battery is actually or intentionally striking another against their will either (1) causing great bodily harm, (2) using a deadly weapon or (3) when the victim is pregnant.

Armed Battery
If in the course of committing battery against another person, the person committing armed battery carries, brandishes or uses a firearm or other deadly weapons against the other person, this person has committed the crime of armed battery. 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.

Prior and Subsequent Battery Convictions
In the State of Florida 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.

Contact our Jacksonville, Florida armed battery lawyers for more info.