A Broward County man is facing aggravated battery with a deadly weapon charges after he allegedly used his handgun to strike an employee of a Lauderhill Dunkin' Donuts after his coffee order was apparently incorrect.
The accused was reportedly with his wife when they went through a Dunkin' Donuts drive-thru in Lauderhill. The employee at the drive-thru window apparently got their coffee order wrong. When the husband and wife went into the store to complain, an altercation ensued. The accused, who has a lawful concealed weapons permit, pulled out his handgun and began pistol-whipping the Dunkin' Donuts employee. The incident was captured on videotape.
The wife, who allegedly participated in the fight, was charged with one count of misdemeanor battery. The husband was charged with aggravated battery with a deadly weapon for striking the employee with the gun, which is considered a deadly weapon.
Aggravated battery is a second-degree felony punishable by up to 15 years in state prison with 21 months recommended at the bottom of the guidelines for first-time offenders.
Since the man had a lawful carry permit, he will not face any charges for possession of the concealed handgun.
At his bond hearing, the judge increased the accused’s bond to $20,000, due to the fact that the court felt that the accused posed a danger to the community.
Aggravated battery is a serious crime that could result in your incarceration. A Miami aggravated battery lawyer or Broward aggravated battery lawyer may be able to assist in getting the charges reduced, dismissed, or resolving the case to a non-jail, non-prison plea.
Self-defense is a common defense to aggravated battery. However, since this incident was videotaped, it may be more difficult to allege that the store clerk had threatened the accused in a manner that would justify the use of force.
Eric Matheny is an aggravated battery attorney serving Miami-Dade and Broward.