The Court held that Illinois’s aggravated battery statute (720 Ill. Comp. (2) uses or exhibits a deadly weapon during the commission of the assault. Charge was aggravated battery with a deadly weapon, the circumstances involved my being intoxicated and a security guard tackling me and getting cut by a knife which was in my pocket. Punishment Consequences of “3g” Offenses. In trial, the State presented evidence that proved on April 3, 2019, Hardy used a crowbar […] Uses a deadly weapon. Assault and Battery [240 - 248] ( Chapter 9 enacted 1872. ) Lockhart has been charged with Aggravated Battery with a deadly weapon, and unlawful use of a Weapon. Aggravated assault is a felony that may involve an assault committed with a weapon or with the intent to commit a serious crime, such as rape. The category Aggravated Assault—Other Dangerous Weapon (4c) includes assaults resulting from the use or threatened use of any object as a weapon in which serious injury does or could result. We, the people of Albuquerque, of Bernalillio County and of New Mexico, DEMAND that Steven Baca be charged with aggravated battery with a deadly weapon as well as assault of a number of other protesters. Spaid was additionally charged with possession of methamphetamine. Found inside – Page 1665... 1996 ) Appellate Court T.G. was adjudged a delinquent based on attempted first - degree murder , aggravated battery causing great bodily injury , and aggravated battery using a deadly weapon , but was found not guilty of armed violence . A felony in Kansas, aggravated assault is an assault that is committed: with a deadly weapon while disguised in a manner designed to conceal identity, or with intent to commit any felony. Aggravated battery is a serious charge and is a second-degree felony which has a maximum punishment of 15 year in prison and a $10,000 fine. Found insideTypically, felonious assaults and batteries involve a deadly weapon, the intent to ... In addition, misdemeanor battery may become the felony of aggravated ... The law in Florida for aggravated battery with a vehicle is that the alleged victim need not suffer any “injury”, because the “aggravating” factor for the charge is the use of a “deadly weapon”–a motor vehicle–in the commission of the battery. Jul 24, 2021 02:50 pm Cardinal News Comments Off on Aggravated Domestic Battery Charge for … Found inside – Page 4297 , 1985 . parture guidelines sentence he received from his conviction of aggravated battery Defendant was convicted in the Circuit with a deadly weapon not a firearm . Court , Putnam County , E . L . Eastmoore , J . , of aggravated battery with ... A Fort Walton Beach area man's charged with aggravated battery with a deadly weapon after using his car to make contact with a pedestrian in the roadway. Found inside – Page 42Aggravated battery results : a . when a deadly weapon is used b . only if the victim is under 18 years old c . when the victim suffers great bodily harm or ... (b) With an intent to commit a felony. If the grand jury agrees, the aggravated assault charge could be lowered to a misdemeanor assault or be completely dismissed through a no bill. Under Florida Statute section 784.045, you can be charged with aggravated battery if you commit simple battery, but you also use a deadly weapon. According to California Penal Code Section 245, an aggravated assault charge may also be levied against an individual if the assault was committed with a firearm or a deadly weapon of another sort. Aggravated battery with a deadly weapon is a class 3 felony. 21-3414. Aggravated battery in Florida is defined as the unlawful touching or striking of another person when, during the commission of the battery, the accused used a deadly weapon. A deadly weapon is a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. Found inside – Page 16In UCR if no deadly weapon is used and no serious injury is inflicted ... aggravated battery , assault with a deadly weapon , assault with intent to kill ... I was given 6 months at a halfway house and 3 years probation I was given probation which was terminated early. In Florida, an aggravated battery with a deadly weapon is a second-degree felony which is punishable by up to 15 years of prison and a maximum fine of $10,000. 6) No Deadly Weapon. C. Whoever commits aggravated battery inflicting great bodily harm or does so with a deadly weapon or does so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony. (b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. Conviction of the crime of aggravated assault with a deadly weapon — a second-degree felony in Texas — can bring prison time of 2 to 20 years and a fine of up to $10,000. § 5/12-3.05) is divisible, and that subsection (f) (1) (aggravated battery based on the use of a deadly weapon) is a crime of violence under the elements clause of guideline §2L1.2. The criminal justice system is a complex maze of rules and procedures. Found inside – Page 298Although we may at times consider cases which involve aggravated battery as statutorily defined prior to July 1 , 1993 , the language of our ... ( b ) Aggravated battery as described in subsection ( a ) ( 1 ) ( A ) is a severity level 4 , person felony . Aggravated battery with a deadly weapon in Florida is a particularly serious offense. DEADLY WEAPON. c. 265 section 15A, a felony in Massachusetts. Found inside – Page 204Deadly Weapons A battery or an assault can be reclassified as aggravated, and thus more severely punished, when a deadly weapon is used. The use of a deadly ... Johnson, of Ford Heights, was charged on June 21 with aggravated battery, aggravated battery with a deadly weapon, and aggravated battery to a police officer. To secure a conviction, the prosecutor must prove that the offender used a deadly weapon in the commission of the crime. Damenike T. Lakes, 18, was arrested and charged with aggravated battery with a deadly weapon and three counts of lewd or lascivious battery on a minor under 16 years of age. Wolfork v. State, 992 So. Up to $5,000 in fines. Note that these sentences listed above are minimum penalties. Our client is a veteran of the United States Army. Andy R. McCulley III was sentenced May 20, 2021, to 120 days jail and 24 months probation after pleading guilty to aggravated battery with a deadly … According to Villa Park Police Deputy Chief Dan McCann, the stabbing victim went … A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. Found inside – Page 755Uses a deadly weapon . injunction for protection in cases of repeat violence , 7 s . 775.082 , s . 775.083 , or s . 775.08 ( b ) A ... ( 2 ) Whoever commits aggravated battery shall be Battery ; felony battery.( a ) Any person who is the victim of repeat ... The Massachusetts General Law provides the governance of the offense under Chapter 265, 15A. Assault is defined as an intentional threat to commit an act of violence – enough so that the person feels like they are in danger. Aggravated battery with a deadly weapon is a second-degree felony. All were given a $50,000 bond and remain in custody at the time of this release. An essential element of the offense of aggravated battery with a deadly weapon that the State must prove beyond a reasonable doubt is that the object used to commit the offense is a deadly weapon. (b) With an intent to commit a felony. Also, a specific situation is aggravated battery against a pregnant woman occurs when a person commits battery while knowing or should have known the woman was pregnant. (2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable … The Model Penal Code grades aggravated battery (called aggravated assault), which is battery that causes serious bodily injury or bodily injury caused by a deadly weapon, as a felony of the second or third degree (Model Penal Code § 211.1(2)). For purposes of an Aggravated Battery prosecution, a weapon is considered a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm. Found inside – Page 51Aggravated battery is a Class C felony . COMMENT See comment under proposed section 21-412 , supra . Unlike the present law , the proposed sections attempt to maintain clear distinctions between assaults and batteries . The language is ... (Some assault laws name the aggravating factor —for example, "assault with a deadly weapon.") Charges: Aggravated Battery with Deadly Weapon. Aggravated battery defined. Found insideFelony battery is not a category 1 lesser of aggravated battery with a deadly weapon, and the court fundamentally errs in finding the child guilty of that ... Her bond was set at $30,000-D during her court appearance today at the Markham Courthouse. Aggravated battery. A. Aggravated battery consists of the unlawful touching or application of force to the person of another with intent to injure that person or another. The crime of Assault and battery with a deadly weapon (ABDW) carries a prison sentence of up to ten years or a $ 5,000 fine. Found inside – Page 539... 784.021 - la 3 Aggravated assault , deadly weapon 784.021-1b 3 Aggravated assault with intent to commit felony 784.045 - la 2 Aggravated battery causing bodily harm 784.045-1b 2 Aggravated battery , deadly weapon 784.07-26 3 Battery ... As a result of the investigation, Jordan Ortega was arrested and charged with Armed Robbery, Aggravated Burglary, Breaking and Entering, Aggravated Battery with a Deadly Weapon, 2 counts of Aggravated Assault with a Deadly weapon, 2 counts of Auto Burglary, 2 counts of Criminal Damage and Resisting or Obstructing an Officer. Aggravated Assault: An assault is considered "aggravated assault" if: It results in serious injury, or; A weapon is used in the commssion of the assault. assault on a … It is grouped together with high level felonies like Murder, Sexual Assault, and Aggravated Kidnapping under former Article 42.12, Section 3g of the Texas Code of Criminal Procedure. Found insideComment The lesser included offense of Felony Battery is only applicable if element ... See F.S. §784.041, Felony Battery—the difference between “aggravated ... (b) Uses a deadly weapon or instrument; or. In Florida, the crime of Aggravated Battery with a Deadly Weapon is charged as a second degree felony which is punishable by up to fifteen (15) years in prison and a $10,000 fine. While the other charges filed against the four defendants Thursday have much more serious consequences — aggravated battery with a deadly weapon carries up to 15 years behind bars — … — Aggravated assault by use of a threat with a deadly weapon is a lesser included offense of aggravated battery. In this guide, we’ll discuss the most current aggravated battery laws, domestic battery, aggravated battery with a deadly weapon, and how a lawyer can help you fight an aggravated battery case. To prove aggravated battery, the prosecutor must show that the defendant intended to cause serious bodily injury to the victim or that the defendant used a deadly weapon. Penalties for Aggravated Battery Under Florida law, Aggravated Battery … Aggravated assault is also called assault with a deadly weapon. Source: 38-year old Wendell Bowles II was arrested July 20th after the confrontation on Scranton Street around 8 p.m. She was released from custody this afternoon after her bond was posted. Under Florida Statute section 784.045, you can be charged with aggravated battery if you commit simple battery, but you also use a deadly weapon. 784.021. Disclaimer: These codes may not be the most recent version. Assault and battery are two separate crimes with very different meanings under Florida law. Found insideSee F.S. §784.041, Felony Battery—the difference between “aggravated ... Interpretive Decisions: Deadly weapon: What constitutes a deadly weapon is a ... However, there are certain situations in which aggravated battery may be charged, and these are considered much more serious charges because you face the possibility of time in prison and substantial fines. The crime of Aggravated Assault With a Deadly Weapon is extremely serious. Under California law, aggravated assault refers to an assault crime that is more severe than simple assault. It also occurs when the person uses a deadly weapon to do so, or batters a person who was known to be pregnant. In Florida, the crime of Aggravated Battery with a Deadly Weapon is charged as a second degree felony which is punishable by up to fifteen (15) years in prison and a $10,000 fine. Aggravated Battery with a Deadly Weapon Under 784.045 (2) Under Florida Statute section 784.045 (2), a prosecutor can secure a conviction for aggravated battery by showing beyond a reasonable doubt that you intentionally or knowingly struck or touched someone, and you used a deadly weapon. Found inside – Page 138Negligent homicide ; arson , aggravated or felony assault : robbery ; burglary ... with intent to kill : assault and battery of a high and aggravated nature ... AGGRAVATED ASSAULT. The charged is classified as a Level 7 offense for purposes of the severity ranking under Florida’s Criminal Punishment Code. Class B misdemeanor: Up to 180 days in jail, fine of up to $2,000. The Model Penal Code grades aggravated battery (called aggravated assault), which is battery that causes serious bodily injury or bodily injury caused by a deadly weapon, as a felony of the second or third degree (Model Penal Code § 211.1(2)). JACKSON COUNTY :On June 17th, 2021 the Jackson County Sheriff’s Office requested the assistance of the U.S. Found inside – Page 357Simple and Aggravated Battery We earlier mentioned that a battery is a misdemeanor. ... the use of a dangerous or deadly weapon, • the intent to kill, rape, ... (1) An “aggravated assault” is an assault: (a) With a deadly weapon without intent to kill; or. The offense can be elevated, however, if the individual intends to kill a person or inflict severe harm on them. He was charged with aggravated battery with a deadly weapon, leaving the scene of an accident with property damage, felony criminal mischief and arrested around 3:30 a.m. Saturday The prosecution must prove the case beyond a reasonable doubt. 6) No Deadly Weapon. Aggravated Battery with a Deadly Weapon. Found inside... II of aggravated battery with great bodily harm, a first-degree felony. ... of aggravated battery with a deadly weapon and the trial court correctly, ... Mr. Flores-Velez was transported to the jail at the Crawford County Sheriff’s Office for booking, and is currently being held without bond. An Aggravated Battery Illinois can carry severe penalties. Aggravated Battery Causing Great Bodily Harm Involving a Deadly Weapon Battery on its own is a misdemeanor. He was charged with aggravated battery with a deadly weapon, leaving the scene of an accident with property damage, felony criminal mischief and arrested around 3:30 a.m. Saturday Found inside – Page 463In both of those cases , the courts held that aggravated battery under section 12–4 ( b ) ( 1 ) ( use of a deadly weapon in committing a battery ) may not serve as the predicate felony for an armed violence conviction . This is because , under ... According to the Journal Courier, Syrcle is Brown’s ex-girlfriend. Found inside – Page xxiIn an aggravated battery prosecution, the prosecutor's burden was not to show that ... Persons with “violent felony” convictions may not possess firearms. An object is a deadly weapon if it likely can cause death or great bodily harm. Aggravated battery in Florida is defined as the unlawful touching or striking of another person when, during the commission of the battery, the accused used a deadly weapon. Found insideHowever, a person who has one prior conviction for battery, aggravated battery, or felony battery and commits any second or subsequent battery commits a ... This typically involves the use of a deadly weapon, an assault on a particularly vulnerable victim, or an assault that causes serious injury. Aggravated Battery Using a Deadly Weapon. Aggravated battery is a second-degree felony. Found inside3d DCA 2011) Felony battery is not a category 1 lesser of aggravated battery with a deadly weapon, and the court fundamentally errs in finding the child ... Austin L. Sherper, 25, of Whitefish, pleaded guilty in April to one count of aggravated battery with a deadly weapon and seven counts of aggravated assault, all … In order to convict on an Aggravated Battery with a Deadly Weapon charge, the State must prove that you used an object or threatened to use an object in a way likely to produce death or great bodily harm. 38-year old Wendell Bowles II was arrested July 20th after the confrontation on Scranton Street around 8 p.m. Sec. 784.021 Aggravated assault.—. In order to convict on an Aggravated Battery with a Deadly Weapon charge, the State must prove that you used an object or threatened to use an object in a way likely to produce death or great bodily harm. 18-907. All four subjects have been charged with aggravated battery with a deadly weapon, burglary of an occupied dwelling with a firearm, criminal mischief under $300. Penalties and Sentences: Class C misdemeanor: Fine of up to $500. Found inside – Page 427... four counts : aggravated battery against Dorothy Maxwell , aggravated battery with a deadly weapon against Dorothy Maxwell , intentionally and knowingly ... (2) Wears a hood, robe, or mask to conceal his or her View Entire Chapter. A person commits aggravated battery when, in committing a battery, he or she does any of the following: (1) Uses a deadly weapon other than by discharge of a firearm, or uses an air rifle as defined in Section 24.8-0.1 of this Code. (a) Aggravated battery is: (1) (A) Intentionally causing great bodily harm to another person or disfigurement of another person; or (B) intentionally causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or … In this instance, the individual had the intent to cause harm and was in possession of a weapon that could cause death. (a) A person commits an offense if the person commits assault as defined in Sec. New Mexico may have more current or accurate information. Found inside – Page 453Aggravated assault of a law enforcement officer is a class C felony . Sec . 21 - 3412 . Battery . Battery is the unlawful , intentional touching or application of force to the person of another , when done in a rude , insolent or angry manner . Battery ... Aggravated Battery with a Deadly Weapon Under 784.045 (2) Under Florida Statute section 784.045 (2), a prosecutor can secure a conviction for aggravated battery by showing beyond a reasonable doubt that you intentionally or knowingly struck or touched someone, and you used a deadly weapon. It is when someone causes great bodily harm, permanently disables or permanently disfigures another. Found inside – Page 146... and not a ( 2 ) Whoever commits aggravated batcombination of misdemeanor battery and tery shall be guilty of a felony of the felony aggravated battery for purposes of second degree , punishable as provided in charging felony battery . Found inside – Page 681Murdock Discussion and Analysis During deliberations , the jury submitted a question requesting clarification as to the difference between aggravated battery with a deadly weapon and aggravated battery in a manner whereby great bodily ... Found inside – Page 168Like most states, California makes it a felony to commit an assault with a deadly ... or one committed with a deadly weapon, as an aggravated battery, ... CRIME BLOG C . (1) An “aggravated assault” is an assault: (a) With a deadly weapon without intent to kill; or. Aggravated battery. Marshal Service Florida Caribbean Regional Fugitive Task Force in locating and apprehending Tre’von Sims of Marianna. Found inside – Page 74... a Felony 1 Kidnapping / Assault or Terrorize Aggravated Battery with Intended Harm 1 Attempted Sexual Battery with a Deadly Weapon 2 Aggravated Battery ... The defendant was charged by information with aggravated battery with a deadly weapon pursuant to sections 784.045(1)(a)2 and 775.087, Florida Statutes (2007), by intentionally striking the victim's head against her will with a deadly weapon, to wit: a firearm. Arrest Date: Monday, September 16, 2019 (All day) Reference ID: DL190006726. Dylan Chavez, 22, of the 26800 block of N Fairfield Road, Wauconda, is accused of two counts of aggravated battery with a deadly weapon for his … A person commits aggravated battery when, in committing a battery, he or she does any of the following: (1) Uses a deadly weapon other than by discharge of a firearm, or uses an air rifle as defined in Section 24.8-0.1 of this Code. Making Cocaine, Aggravated Battery With A Deadly Weapon: Will Co. Arrests Sept. 13-14 - Plainfield, IL - New detainees include those from Joliet, Manhattan, Naperville, Bolingbrook, Chicago … Assault is defined as an intentional threat to commit an act of violence – enough so that the person feels like they are in danger. Aggravated Battery With a Deadly Weapon Battery with a "deadly weapon" is treated as an aggravated battery in some states. A Fort Walton Beach area man’s charged with aggravated battery with a deadly weapon after using his car to make contact with a pedestrian in the roadway. CHICAGO (CBS) — A Chicago Police officer has been charged with two felonies, for shooting an unarmed man during a confrontation at a CTA Red Line subway Melvin Shamar Pleasant, age 21 of Flomaton, was charged with aggravated battery with a deadly weapon and aggravated battery causing bodily harm. Found inside – Page 2082( b ) In committing a battery , a person commits aggravated battery if he or she : ( 1 ) Uses a deadly weapon other than by the discharge of firearm ; ( 2 ) Is hooded , robed masked , in such manner as to conceal his identity ; ( 3 ) Knows the ... Found insideWhoever commits an aggravated assault is guilty of a felony of the third degree. [Fla Stat §784.021(2).] §10:112 Battery The offense of battery occurs when ... Punishment Consequences of “3g” Offenses. Found inside – Page 171... such aggravated assault An assault committed with a dangerous weapon or with intent to commit a felony. as aggravated assault, aggravated battery, ... F.S. Found inside – Page 427... four counts : aggravated battery against Dorothy Maxwell , aggravated battery with a deadly weapon against Dorothy Maxwell , intentionally and knowingly ... (c) Uses any vitriol, corrosive acid, or a caustic chemical of any nature; or. Punishment for Aggravated Battery With a Deadly Weapon or Serious Injury . Aggravated Domestic Battery Charge for Intentionally Striking Man with Vehicle in Waukegan . The Office of the State Attorney Glenn Hess announces that on September 25, 2019, a Bay County jury found the defendant, Janella Lashane Hardy, guilty of Aggravated Battery with a Deadly Weapon Causing Great Bodily Harm, and Criminal Mischief. Found insideA deadly weapon, for purposes of the aggravated battery statute, is any instrument which, when used in the ordinary manner contemplated by its design, ... Aggravated assault if with a deadly weapon or with intent to rape or maim * FL: Assault in an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is … Aggravated battery is a second degree felony, punishable by up to fifteen years of imprisonment. State v. DeMary , 1982-NMSC-144 , 99 N.M. 177 , 655 P.2d 1021 . This includes the use of weapon equivalents – objects, items or parts of the body that are not themselves weapons but can be a weapon when used intentionally. Battery is defined as the intentional but unlawful touching of someone else. Additionally, assault and battery becomes a felony when it is perpetrated against certain categories of victims, including a police officer, human services agency employee, or a pregnant woman. As well, assault or battery is categorized as a felony when it is carried out with a dangerous weapon. Assault and battery are two separate crimes with very different meanings under Florida law. … He was recently charged with assault and battery by means of a dangerous weapon in violation of G.L. Aggravated battery is a term used in criminal law to describe an act of battery that is more severe than simple battery. Simple battery is the intentional touching of another person with the goal of doing harm, however small the degree of harm actually is. Found inside – Page 69(b) Sentence: Aggravated battery is a Class 3 felony. (12-42.) Aggravated battery with a firearm (a) A person commits aggravated battery with a firearm when ... Depending on what occurred during the offense, if the defendant is convicted, the penalties can be greater. However, depending on the particulars of your case, aggravated battery charges don’t have to mean jail time. July 28, 2021 GREGOR FOUND GUILTY OF AGGRAVATED BATTERY WITH A DEADLY WEAPON State Attorney Melissa Nelson announces Allison Gregor, of Jacksonville, was found guilty by a jury of Aggravated Battery with a Deadly Weapon. Found inside – Page 189[ 4 ] Here , unlike Correll and Corn , the Anderson claims that since battery with a charging information alleged the elements deadly weapon is not a lesser included of necessary for battery with a deadly weapon . fense of aggravated battery ... If the assault involves domestic violence , the charge can be a first-degree felony, with punishment as high as life in prison. ABDW is the aggravated version of the crime of assault and battery. Gregor now faces up to 15 years in Florida State Prison. (1) A person commits aggravated battery who, in committing battery: (a) Causes great bodily harm, permanent disability or permanent disfigurement; or. This means that for a first offense, you may face a sentence of a maximum of 15 years in prison and a fine of $10,000. The subject was placed in handcuffs and transported to the Volusia County Branch Jail. Depending on the severity of the assault and the type of weapon used, assault with a weapon would typically be categorised as intentionally inflicted GBH, the most serious level of assault. Found inside – Page 336Heinous battery is a Class X felony for which a person shall be sentenced to a term of imprisonment of no less than 6 years and no more than 45 years . Ilinois : 720 ILL . COMP . Stat . 5 / 12 - 4 ( 1993 ) Aggravated Battery . ( a ) A person who ... If convicted of Aggravated Assault after being accused of Assault with a Deadly Weapon, a third degree felony, you face: Up to five years in prison. Marianna Florida man Arrested for Aggravated Battery with a Deadly Weapon. Found inside – Page 20-48Although knife is weapon , it is not necessarily deadly weapon . Fla.App . 5 Dist . 1990. Shoe or boot worn Howard v . State , 698 So.2d 923 . on foot which delivers blow to victim may be Fla.App . 4 Dist . 1989. Aggravated battery found ... Note: State laws are constantly changing -- please contact a Florida criminal defense attorney or conduct your own legal research to verify the state law (s) you are researching. 784.021 Aggravated assault.—. The subject that had the weapon was shown to be the aggressor of this altercation. Found inside – Page 99A simple assault is typically a misdemeanor, but an aggravated assault is usually a felony. Similarly, battery is elevated to aggravated status when the ... Found inside – Page 241Simple battery is a misdemeanor , but aggravated battery is a felony . Most states define acts as aggravated battery if a deadly weapon is used or if ... If convicted, you can face up to 15 years of incarceration or probation, as well as $10,000 in fines. Tampa Aggravated Battery With a Deadly Weapon Attorney The crime of aggravated battery occurs when a person intentionally causes serious physical harm, disability, or disfigurement by touching or striking another person. Proving Aggravated Battery. Charged with aggravated battery with a deadly weapon, Hutchinson was booked into the county jail, where he remains behind bars in lieu of $5000 … The crime of Aggravated Assault With a Deadly Weapon is extremely serious. Aggravated Battery with a Deadly Weapon. Call our office at 617-263-6800 or contact us online to discuss your violent crime case. Aggravated battery is a second degree felony in Florida. (2) Wears a hood, robe, or mask to conceal his or her identity. 2d 907 (Fla. 2d DCA 2008). Deadly weapon. It is grouped together with high level felonies like Murder, Sexual Assault, and Aggravated Kidnapping under former Article 42.12, Section 3g of the Texas Code of Criminal Procedure. Found inside – Page 264Mental state : The mens rea for battery will usually be intent to do the injury or offensive touching . ... Use of weapon : Similarly , battery may reach an aggravated degree if a deadly weapon is used , even if serious bodily harm does not result .
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