Aggravated Battery Charges With A Deadly Weapon
A West Palm Beach man is facing aggravated battery charges after allegedly throwing a metal chair on a woman while she was sleeping and later shooting a gun in her bedroom.
Freddie Lee Holmes, 47, was arrested by West Palm Beach Police on Monday afternoon. He remained at the Palm Beach County Jail on Tuesday without bond.
According to a probable cause affidavit, Holmes entered the home of an unidentified woman in December. The woman was sleeping in the master bedroom and woke up when Holmes allegedly threw the metal chair at her. Holmes, she said, was sitting at the edge of her bed.
Afraid for her life, the woman tried to crawl out of her bed, but then heard gunshots and the sound of shattered glass from a ceiling lamp (full story, source).
Battery is defined as an unlawful and intentional touching or striking of another person against the will of that other person. A person who commits such a battery commits a misdemeanor of the first degree which is punishable by up to one year in the county jail. [Florida Statute 784.03]
If you have committed a prior battery, and were found “guilty” of the prior charge, even if adjudication was withheld – you may be charged with a felony battery on a second or later battery, which becomes a third degree felony punishable by up to five years in the state prison system.
If you are charged with a misdemeanor battery that involved a family member or other person who qualifies as a domestic partner – a conviction, even as a misdemeanor, will bar you thereafter from ownership or possession of firearms or ammunition.
A person can commit the crime of aggravated battery in one of three ways in Florida.
- Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or
- Uses a deadly weapon; or
- If a person who was the victim of a battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant, then the offender may be guilty of the crime of aggravated battery.
Penalties for Aggravated Battery
The crime of Aggravated Battery is classified as a Second Degree Felony and assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Aggravated Battery, a judge is required to impose a minimum prison sentence of 21 months in prison and can also impose any combination of the following penalties:
- Up to fifteen (15) Years in prison.
- Up to fifteen (15) Years of probation.
- Up to $10,000 in fines.
The State of Florida has some of the strictest gun laws in the country. There can be serious consequences if you are charged with a weapons crime.
West Palm Beach Aggravated Battery Defense Attorney
At the law firm of Andrew D. Stine, P.A., in West Palm Beach, Florida, we represent people charged with aggravated battery and assault. Circumstances leading to this charge include assault or battery involving:
- Victims over the age 64
- Victims under the age of 18
- Severe injuries, such as broken bones, serious scars, or disfigurement
If you were charged with aggravated battery, it is important to contact a lawyer that understands the seriousness of the charge and knows how to defend against it. At Andrew D. Stine, P.A., we have extensive experience representing people charged with aggravated assault and battery. Our defense team reviews the evidence and conducts private investigations in order to find holes in the prosecution’s case.
In Florida criminal law, a motive to hurt another individual is a major factor in the prosecution’s case. If you had no motive to seriously injure another person, the charges can be reduced or dropped. Attorney Andrew Stine has handled many aggravated battery and assault cases. He can often identify the true motive behind the charge, including lying to win a child custody battle or property dispute.
Reducing the Consequences of Aggravated Battery
Aggravated battery charges result in serious penalties, including a mandatory minimum prison sentence of three years for pointing a gun at someone. If the gun is fired, the minimum sentence is 20 years. If the victim dies, our clients face life in prison.
We encourage our clients to immediately complete community service hours, enter a gun safety course and write a letter of apology to the victim. By being proactive, show the prosecution your true character and work with them to reduce some of the consequences.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at 561.880.4300. Se habla español.