Florida Man Faces Aggravated Battery Charges After Firing Shots
Written by Moses & Rooth on October 2, 2019
A 25-year-old man from Cocoa recently fired gunshots into the air near his girlfriend as he sat in a car driven by his mother. Prosecutors charged the suspect with multiple gun-related charges. The punishment for Florida gun-related convictions can be serious. If you are facing a gun-related charge in the Orlando, Florida area, Moses & Rooth Attorneys at Law can help. We aggressively represent our clients throughout the criminal defense process. To schedule your free initial consultation, contact our Orlando, Florida, law office today.
In the incident mentioned above, the defendant’s mother picked her son and a friend up and took them to the defendant’s girlfriend’s apartment. The mother did not anticipate what would happen next. The man got out of the car and confronted his girlfriend. According to witnesses, he pointed a gun at his girlfriend’s head then verbally threatened to kill her. He then allegedly fired off several rounds of ammunition out of the window of the car. Prosecutors have charged the defendant with aggravated battery with a deadly firearm.
Aggravated Battery with a Deadly Firearm
Florida criminal law states that aggravated battery occurs when a defendant intentionally strikes or touches another person and, in doing so, does one of the following:
- Knowingly or intentionally causing great bodily harm, permanent disfigurement, or permanent disability, or
- Using a deadly weapon, or
- Battering a person who the defendant knew or should have known was pregnant
Penalties for aggravated battery increase substantially in Florida when the incident involves the discharge or possession of a firearm. When the offense includes discharge of a firearm, judges must impose the following minimum sentences:
- When the defendant possesses a firearm during the incident, the judge must impose a jail sentence of at least 10 years
- If the defendant possessed a semiautomatic firearm or a machine gun, the judge must impose a jail sentence of at least 15 years
- If the defendant discharges a firearm during the incident, the judge must impose a jail sentence of at least 20 years
- If the discharge of the firearm causes great bodily harm or death, the judge must impose a jail sentence of at least 25 years
The Importance of a Defense Attorney
Facing an aggravated assault charge is serious enough. However, if firearms are involved, the mandatory minimum sentencing guidelines are incredibly serious. At Moses & Rooth Attorneys at Law, our attorneys are skilled at aggressively defending our clients. Common defenses to aggravated battery charges include the following:
- Stand your ground doctrine
- Defense of others, or
- Lack of intent to strike or touch.
If you are facing a charge of aggravated assault with a deadly firearm, you need a skilled criminal defense attorney. The penalties for an aggravated battery charge serious and could include a minimum 25-year jail sentence. Contact the Orlando criminal defense attorneys at Moses & Rooth Attorneys at Law to schedule your free initial consultation today.