Criminal Defense
Since 1993
Since 1993
Aggravated Battery with a Deadly Weapon: When the Weapon, Not the Injury, Matters
By: John Guidry II
There are several ways a person can be charged with Aggravated Battery in Florida. One of the most common is “Aggravated Battery with a Deadly Weapon.” This is a very serious second-degree felony, punishable by up to 15 years in prison, and it often scores mandatory prison time even for a first offense.
What confuses most people about this charge is that it does not require a serious injury. The focus is entirely on the weapon used. A simple touch can become a 15-year felony. For example, slapping someone with an open hand is a misdemeanor battery. But that same slap, done with a firearm in your hand (a “pistol-whipping”), is an Aggravated Battery, even if the person isn’t seriously hurt.
Charged with Aggravated Battery in Orlando? The legal definition of a “deadly weapon” is more complex than you think, and it’s often the key to your defense. Call my office for a detailed analysis of your case. Call John Guidry: (407) 423-1117
What is a “Deadly Weapon” in Florida?
The problem isn’t figuring out if a gun is a deadly weapon. The problem is that almost anything can be considered a deadly weapon depending on how it’s used. The law defines it in two ways:
- An instrument that is designed to cause death or great bodily harm (like a firearm or a large knife).
- Any other object that is used in a manner likely to cause death or great bodily harm.
This is where the line gets blurry, and where a strong defense can be built.
A Real-World Example: The Brevard County Broomstick Case
The case of Brown v. State from our local Fifth District Court of Appeals is a perfect example. A man in Brevard County was convicted of Aggravated Battery with a Deadly Weapon for hitting his girlfriend with a plastic broomstick. She testified that it was painful, but she had no serious injuries.
His conviction was overturned. The appellate court ruled that the State had failed to prove the broomstick was used in a manner likely to cause great bodily harm or death. It’s not enough to just use an object; the State must prove it was used in a deadly manner.
John’s Takeaways
- Aggravated Battery with a Deadly Weapon is a 15-year felony that does not require the State to prove a serious injury occurred.
- A “deadly weapon” can be something designed to be lethal (like a gun) or a normal, everyday object used in a deadly manner.
- For common objects (like a broomstick, a shoe, or a lamp), the prosecutor has the high burden of proving the way it was used was likely to cause death or great bodily harm.
- A skilled defense often involves challenging the State’s classification of an object as a “deadly weapon,” which can lead to the felony charge being reduced or dismissed.
These are serious charges with severe penalties. If you are facing an Aggravated Battery charge in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, you need an attorney who has been defending these complex cases for decades.
If you need more information on how aggravated battery charges work here in Central Florida, check out my article found here: https://www.jgcrimlaw.com/practice-areas/criminal-defense/battery/aggravated-battery-with-a-deadly-weapon/
For those of you who prefer to get your knowledge from YouTube videos (I know I do), please check out this YouTube video discussing how aggravated battery charges are handled in Orlando: https://youtu.be/alZfE8PTKJQ
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.