Florida criminal charge
Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence in Florida
Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence is a criminal offense under Florida law, defined by Fla. Stat. § 775.087. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 775.087.
How is possession or use of weapon; aggravated battery; felony reclassification; minimum sentence classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Reclassification of first-degree felony (weapon/firearm use or aggravated battery during felony) | Life Felony | Applies when the underlying offense is a felony of the first degree and the defendant carried, displayed, used, threatened, or attempted to use a weapon or firearm, or committed aggravated battery, during commission of the felony. | Fla. Stat. § 775.087(1)(a) |
| Reclassification of second-degree felony (weapon/firearm use or aggravated battery during felony) | Felony of the First Degree | Applies when the underlying offense is a felony of the second degree and the defendant carried, displayed, used, threatened, or attempted to use a weapon or firearm, or committed aggravated battery, during commission of the felony. | Fla. Stat. § 775.087(1)(b) |
| Reclassification of third-degree felony (weapon/firearm use or aggravated battery during felony) | Felony of the Second Degree | Applies when the underlying offense is a felony of the third degree and the defendant carried, displayed, used, threatened, or attempted to use a weapon or firearm, or committed aggravated battery, during commission of the felony. | Fla. Stat. § 775.087(1)(c) |
Common questions about possession or use of weapon; aggravated battery; felony reclassification; minimum sentence in Florida
Is possession or use of weapon; aggravated battery; felony reclassification; minimum sentence a felony or a misdemeanor in Florida?
It depends on the circumstances: possession or use of weapon; aggravated battery; felony reclassification; minimum sentence ranges from a Felony of the Second Degree to a Life Felony in Florida under Fla. Stat. § 775.087.
Reclassification of first-degree felony (weapon/firearm use or aggravated battery during felony): Life Felony (Fla. Stat. § 775.087(1)(a)) · Reclassification of second-degree felony (weapon/firearm use or aggravated battery during felony): Felony of the First Degree (Fla. Stat. § 775.087(1)(b)) · Reclassification of third-degree felony (weapon/firearm use or aggravated battery during felony): Felony of the Second Degree (Fla. Stat. § 775.087(1)(c))
Which Florida statute covers possession or use of weapon; aggravated battery; felony reclassification; minimum sentence?
Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence is governed by Fla. Stat. § 775.087 (Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.