{"id":985,"date":"2026-10-03T02:10:54","date_gmt":"2026-10-03T02:10:54","guid":{"rendered":"https:\/\/patrickwilsonlaw.com\/resources\/miami-assault-battery-defense-attorney\/miami-deadly-weapon-assault-battery-defense-attorney\/"},"modified":"2026-10-12T04:06:55","modified_gmt":"2026-10-12T04:06:55","slug":"miami-deadly-weapon-assault-battery-defense-attorney","status":"publish","type":"page","link":"https:\/\/patrickwilsonlaw.com\/resources\/miami-assault-battery-defense-attorney\/miami-deadly-weapon-assault-battery-defense-attorney\/","title":{"rendered":"Domestic Violence Defense Attorney Miami"},"content":{"rendered":"
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Domestic Violence Defense Attorney in Miami<\/h1>\n

If you’re facing assault or aggravated assault charges involving a weapon in South Florida, you need to understand the charges, the penalties, and your defense options immediately. Assault and battery with a deadly weapon<\/a> are serious felonies in Florida\u2014charges that can result in years in prison, permanent criminal records, loss of professional licenses, and devastating collateral consequences, especially for first-time offenders and licensed professionals.<\/p>\n

Patrick Wilson Law defends people across Miami-Dade, Broward, and South Florida against assault and battery charges involving weapons. We focus on first-time offenders, licensed professionals whose careers hang in the balance, and non-citizens facing immigration consequences on top of criminal penalties. This page explains what these charges mean, what they carry, how the defense process works, and why early representation matters.<\/p>\n

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What Is Assault and Battery With a Deadly Weapon in Florida?<\/h2>\n

Assault and battery with a deadly weapon are two distinct but related offenses that become felonies when a weapon is involved.<\/p>\n

Assault<\/strong> is an intentional threat of imminent harm combined with the apparent ability to carry it out. You don’t have to touch anyone. The threat alone\u2014if it creates a reasonable fear of immediate harm in the victim’s mind\u2014is enough. When a deadly weapon is displayed or used during that threat, the charge elevates to aggravated assault.<\/p>\n

Battery<\/strong> is actual physical contact: hitting, striking, or touching someone in a hostile or offensive way. Simple battery is a misdemeanor. When a deadly weapon is used or serious bodily injury results, it becomes aggravated battery\u2014a felony.<\/p>\n

Deadly weapon<\/strong> under Florida law includes firearms, knives, and any object used in a manner likely to cause death or serious bodily injury. The classification depends partly on what the object is, but more importantly on how it was used<\/em>. A baseball bat, a car, or even a bottle can qualify as a deadly weapon if used as one.<\/p>\n

The distinction matters enormously. Simple assault or battery can be misdemeanors. Add a deadly weapon, and you’re facing a second-degree felony with up to 15 years in prison and a permanent felony record.<\/p>\n

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What Are the Penalties for Assault and Battery With a Deadly Weapon in Florida?<\/h2>\n

The penalties for weapon-related assault and battery charges are severe and carry long-term consequences beyond prison time.<\/p>\n

Criminal Penalties<\/h3>\n

Aggravated assault with a deadly weapon<\/strong> (threat of harm with a weapon, no injury) is a felony of the second degree under Florida Statute<\/a> \u00a7 784.021. Penalties include:\n– Up to 15 years imprisonment\n– Up to $10,000 in fines\n– No mandatory minimum (though sentencing guidelines apply)<\/p>\n

Aggravated battery with a deadly weapon<\/strong> (actual contact with a weapon, or serious bodily injury) is also a second-degree felony under Florida Statute \u00a7 784.045<\/a>. Penalties include:\n– Up to 15 years imprisonment\n– Up to $10,000 in fines\n– Possible 3-year mandatory minimum if serious bodily injury occurred<\/p>\n

Lesser charges<\/strong> (third-degree felony) may apply in some circumstances, carrying up to 5 years imprisonment.<\/p>\n

Collateral Consequences<\/h3>\n

A felony conviction for assault with a deadly weapon creates lasting damage beyond prison time:<\/p>\n