In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. Intentionally or knowingly touching another person to cause them great bodily harm (i.e., broken bones, substantial bruising, injuries that require surgery, etc), permanent disability, or disfigurement. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to WebTrying to defend against an assault or battery charge without a reputable and highly experienced Florida assault and battery defense lawyer be a dangerous strategy. Brendan J. Depa was charged with aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison. Nothing on this site should be taken as legal advice for any individual case or situation. The crime of Aggravated Battery on Person 65 years of age or older is a First Degree Felony that is punishable by up to 30 years in prison and a $10,000 fine. You were in fear of your life Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. They can also include everyday objects that can be used in a manner likely to cause death or great bodily harm, for example, steel-toed boots. Some of the more common defenses include the following: Given the harsh penalties applicable to an Aggravated Battery charge, an attorney is essential to protect the rights and interests of the accused, and to raise all defenses that may be available in such a case. 561-832-4348. Since the penalties can be harsh when convicted on an aggravated battery charge, it is important to have an experienced Criminal Defense Attorney by your side in court if you are accused of aggravated battery. Protected victims. Riots. The victim was at the time over 65 years of age. A battery that is reclassified as a felony because of a prior conviction is charged as a third-degree felony which is punishable by up to five years in Florida State Prison and a $5,000 fine. The information on this website is for general information purposes only. Any crime that involves a physical attack is defined as an assault. Battering a pregnant woman. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Call us to schedule a time to talk with the attorneys in the office or over the phone. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. In other words, in Florida, aggravated battery on a law enforcement officer is punishable by up to 30 years of imprisonment (5 years of minimum sentence) and a maximum fine of $10,000. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. The standard jury instruction under Chapter3.3(c) applies to cases with an aggravation of a felony by committing an aggravated battery as provided in Section 775.087(1), Fla. Stat. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. WebIf you have been arrested or believe you will soon be arrested for the offense of aggravated battery in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 6090940 or contact us online. "telephone": "(813) 391-8051" 75-298; s. 3, ch. Nolan C. Love, 46, appeared in court Friday for a bond review hearing after being charged with aggravated domestic battery involving strangulation (Class 2 felony) Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. West Palm Beach, FL 33401 Battery offense implies that the defendant made physical contact with the victim. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. For victims between 12 and 18, the crime is a life felony. Suite 150 A second or subsequent battery offense (including simple battery) results in felony battery charges. For example, pointing a handgun at another person to scare them is considered aggravated assault. This website is maintained by Jason D. Sammis and Leslie M. Sammis. The information you obtain at this site is not, nor is it intended to be, legal advice.You should consult an attorney for advice regarding your individual situation. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. (888) 727-4652, 2020 Goldman Wetzel, PLLC. Illegal Use of Explosives, as defined in 552.22(1) or 790.161(2), (3) or (4), Florida See 948.06(8)(c)(18), Florida Statutes Offenses where NO BOND shall be set until FAH: 1. If you have been arrested or believe you will soon be arrested for the offense of aggravated battery on person 65 years of age or older in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850)6090940 or contact us online. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. Uses a deadly weapon; or 3. According to FSS 784.045 , there are three ways that an attack can be classified as an aggravated battery by the police: The defendant intentionally and knowingly caused great bodily harm, permanent disability, or permanent disfigurement. Domestic battery by strangulation. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. 2nd Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. Instruction 8.4 of the Florida Standard Criminal Jury Instructions, as summarized below, provides that to prove the crime of aggravated battery, the State must prove the following two elements beyond a reasonable doubt. Our attorneys handle cases throughout Northeast and Central Florida. This crime differs from aggravated battery in that felony battery doesn't require proof that the offender intended the harm, only that the touching was intentional and harm resulted. Depa is facing a felony charge of aggravated battery after allegedly attacking 57-year-old Joan Naydich, a paraprofessional at the school on February 21. In addition, penalties for the offense include mandatory prison, with a maximum penalty of up to 15 years or more, depending on the application of Floridas 10-20 Life law. Goldman Wetzel is a criminal law firm that represents individuals facing charges for violent crimes in St. Petersburg, Bradenton, Pinellas County, Tampa, Sarasota, Clearwater and surrounding areas. Send us a Message to Book Your Free, No-Obligation Consultation Now. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. Nolan C. Love, 46, appeared in court Friday for a bond review hearing after being charged with aggravated domestic battery involving strangulation (Class 2 felony) on Feb. 26. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 71-136; s. 20, ch. This is not to say that other firms are not exceptional at what they do, but not all firms have the background that Attorney Rahul Y. Parikh has when it comes to aggravated battery cases. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. The attorney listings on this site are paid attorney advertising. The felony battery statute, section 784.041, provides as follows: (1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the will of the other; (b) Causes great bodily harm, permanent disability, or permanent disfigurement. Your Message Has Not been sent. "addressRegion": "FL", "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. 71-136; s. 20, ch. When the aggravated battery is committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01, the aggravated battery is ranked one level above the ranking under s. 921.0022 for the offense committed. WebFlorida Statutes section 784.045 provides that someone commits aggravated battery when they commit battery by actually and intentionally striking or touching another person against the person's will, and also they knowingly or intentionally cause great bodily harm, permanent disfigurement, or permanent disability. Nolan C. Love, 46, appeared in court Friday for a bond review hearing after being charged with aggravated domestic battery involving strangulation (Class 2 felony) on Feb. 26. For instance, if the person is charged with a simple assault, the penalties can be up to 6 months in probation, 60 days in jail, and/or a $500 fine. Aggravated Battery. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. Having the early help of a criminal attorney can help you prepare a strong legal defense. The law is constantly changing and evolving. WebFlorida uses minimum statutory sentences. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. The default bonds for misdemeanors are: 1st-degree misdemeanor $500. We represent clients for felony and misdemeanor battery and assault cases in Clearwater or St. Petersburg in Pinellas County, Bartow in Polk County, Dade City or New Port Richey in Pasco County, Brooksville in Hernando County, or Plant City or Tampa in Hillsborough County. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. You should not rely on this information when making decisions about your case. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. We update the information on this website periodically, but the information on this site should not be used as legal advice for your personal problem. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. WebView Entire Chapter. The state of Florida has a bond schedule, set for the different categories of offenses. Schedule. "addressLocality": "St. Petersburg", Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or St. Petersburg, FL 33705 Copyrights 2022. Using a deadly weapon while committing the offense. The different types of battery charges in Florida can include: The penalties and punishments depend on the way the offense was charged and whether the person accused has any prior criminal record. There are various types of assault battery, simple assault, and aggravated assault. While committing the battery the person intentionally or knowingly caused great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim, or used a deadly weapon. If a person, while committing the crime of battery : 1. Lack of intent To all of us, you will never just be a faceless client, but rather a part of our family, that we are determined to protect in every way we can. Related Resource: Difference Between Assault and Battery in Florida. A person who violates subsection (1) commits a felony of the second degree, punishable as provided in s. For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. s. 1, ch. Non-consensual contact of a sexual nature using any object also qualifies for this charge. He is currently being held on a $1 million bond according to The Daily Mail. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. Florida Statute Section 784.07(2) states that: [w]henever any person is charged with knowingly committing an assault or battery upon a law enforcement officer the offense for which the person is charged shall be reclassified as follows: , (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.. Depa is being held in jail on a $1 million bond. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. Florida Charges for Aggravated Battery on a Pregnant Female. Fax: 813.276.1600, Sammis Law Firm He is currently Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. However, the quality of the service you receive can vary drastically. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Please leave this field empty. Committing battery in furtherance of a riot also constitutes felony battery. Now, you may read that and think, Why would I hire someone who worked for the State, but it is important to understand the advantages of having an attorney who has had previous experience on the other side of the negotiating table. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. "url": "https://www.goldmanwetzel.com", Besides these ramifications, being convicted guilty would be permanent on your record. Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. Florida Statute Section 784.03(2) might cause a simple misdemeanor battery to be reclassified as a felony because of a prior conviction for battery, aggravated battery, or felony battery. 784.03(2), Fla. Stat. 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. 200 E Robinson Suite 1140Orlando, FL 32801. Defense of others Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or b. used a deadly weapon, which is a weapon that was used or threatened to be used in a manner likely to cause great bodily harm or death. The victim was pregnant at the time of the battery; and. Sexual battery may also be known as rape or sexual assault. 784.045(2), Fla. Stat. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Simple Battery a first-degree misdemeanor; Battery on a Law Enforcement Officer (LEO); Felony Battery a third-degree felony under Florida Statute Section 784.041; Aggravated Battery with a Deadly Weapon Florida Statute Section 784.045(1)(a)(1); The Defendant intentionally struck or touched the alleged victim against the will of the alleged victim; and. Battering a person who was known to be pregnant. WebDefinition of Aggravated Battery on a Pregnant Woman Florida Statute 784.045(2)(b) Under FSS 784.045(2)(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. You did not know your action would result in bodily harm or disability Aggravated battery charges result in more severe penalties than battery. In Florida, the maximum penalties for aggravated battery include: 15 years WebAggravated battery is an offense that they will be particularly adamant about. "addressLocality": "Bradenton", "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", Brendan J. Depa was charged with aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison. Schedule your FREE Consultation! The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. When one person intentionally or knowingly comes into physical contact with another individual against the other persons will, that is considered aggravated battery, as outlined in Florida Statute 784.045. 88-344; s. 7, ch. Any act of battery upon another person under 784.03, however, is found on a list of 22 statutory exceptions to the warrantless arrest rule found in Section 901.15, F.S. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. 3d 597, 598-99 (Fla. 4th DCA 2011). Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. "Tuesday", "sameAs": [ "Sunday" 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. A 17-year-old high school student is facing felony assault charges after video showed him attacking a school employee who took away his Nintendo Switch If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, 784.021 Aggravated assault.. Aggravated battery is a second-degree felony in Florida and carries penalties of up to 15 years in prison, up to 15 years of probation, and up to $10,000 in fines. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. "Wednesday", Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. ", Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. Aggravated Battery, as defined in 784.045, Florida Statutes 4. Web2. Because of this, he is able to form strategies for his clients defenses that will be the most effective. Bond agents in Florida are there to help you through the process and post bond on your behalf. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. If you need immediate help, call 321-558-2704. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. 0:51. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. With compassion and confidence, they zealously represent their clients. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. 74-383; s. 10, ch. This kind of fervor is not seen every day. a felony of the first degree is reclassified to a life felony. Aggravated battery occurs if the offender: A conviction for aggravated battery carries second-degree felony penalties of up to 15 years in prison and a $10,000 fine. Unlike battery, assault does not imply bodily harm or physical contact to the victim. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help.
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