Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. Nothing on this site should be taken as legal advice for any individual case or situation. 0:51. "addressRegion": "FL", Aggravated battery charges result in more severe penalties than battery. Contact him today to begin to discuss your case. Office: 813.250.0500 The contact you made with the alleged victim was accidental, not intentional. You did not know your action would result in bodily harm or disability Under the law, Aggravated Battery occurs where a defendant intentionally touches or strikes another person and, in doing so: To prove the crime of Aggravated Battery at trial, the prosecution must establish the following two elements beyond a reasonable doubt: 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. 784.045(2), Fla. Stat. 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. 70-63; s. 732, ch. In fact, Section 901.15(9)(a) provides that anofficer can make an arrest for a misdemeanor simple battery charge if the officer gathers probable cause that the crime occurred outside of the officers presence. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. Given the severity of the offense, an aggravated battery can result in severe punishments. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, 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. They are then responsible for appearing at all court dates until the case is resolved. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. They will be working hard to prove their case, which is another key reason why you should obtain the services of a criminal defense attorney who will work even more diligently to prove your innocence. 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. WebA person can commit the crime of aggravated battery in one of three ways in Florida. "@type": "PostalAddress", Uses a deadly weapon; or 3. Life parole is "dayOfWeek": [ WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 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. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, "addressRegion": "FL", Domestic battery by strangulation. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. Aggravated Battery, as defined in 784.045, Florida Statutes 4. "Friday", The Defendant intentionally caused bodily harm to the alleged victim. Unlike battery, assault does not imply bodily harm or physical contact to the victim. Using a deadly weapon while committing the offense. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. "addressLocality": "Tampa", "@context": "http://www.schema.org", When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. Convicted felons in Florida are barred from doing things, such as: As you can see, these are not just penalties that will impact your life while the case is pending, but can permanently alter the course of your life. Sitemap. He is currently being held on a $1 million bond according to The Daily Mail. The Florida student accused of violently attacking a high school teacher's aide will be charged as an adult and is being held on a $1 million bond. See Knowles v. State, 65 So. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. Contact him today to begin to discuss your case. The attorney listings on this site are paid attorney advertising. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. Home Violent Crimes Battery and Aggravated Battery. This website is maintained by Jason D. Sammis and Leslie M. Sammis. Tampa, FL 33607 { WebFlorida uses minimum statutory sentences. WebAccording to Florida Statute 784.045, a person commits Aggravated Battery in Florida on a Pregnant Woman if the person: Actually and intentionally touches or strikes another 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. LocationJacksonvilleOrlando 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. Great bodily harm is any harm more severe than minor or slight harm and could include wounds that bleed profusely or require stitches, broken bones, and injuries requiring surgery. 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 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. (888) 727-4652, 2020 Goldman Wetzel, PLLC. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", Firearm discharged during incident 20 years imprisonment Some tentative defenses to aggravated battery charges include: The consequences that could stem from this second-degree felony can impact your present, as well as your future. Suite 309 Please leave this field empty. WebAggravated battery on a pregnant woman is a second-degree felony, punishable by up to fifteen years in prison and up to $10,000 in fines. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). WebView Entire Chapter. Lack of intent Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. Contacting us does not create an attorney-client relationship. WebAggravated battery is a second-degree felony in Florida, punishable by up to 15 years in prison and a fine of up to $10,000. Under Florida Statutes 784.045, the crime of Aggravated Battery on a Pregnant Victim requires proof of a battery plus proof beyond a reasonable doubt that: Read more about the punishments and penalties for battery on a pregnant female. Home Assault and Battery Aggravated Battery, Tell us about your case. This kind of fervor is not seen every day. 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. The defendant, in committing the battery (intentionally striking or causing bodily harm), intentionally or knowingly: (a) caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim, or (b) used a deadly weapon. Battering a person who was known to be pregnant. To learn more about the process to obtain an aggravated battery bail bond, contact us today. 1005 N. Marion St. The penalties WebAggravated 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. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. "addressRegion": "FL", West Palm Beach, FL 33401 Being moved by the way that peoples lives were affected by being convicted guilty of crimes, such as aggravated battery, he was called to step up and advocate for those people. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a "name": "Goldman Wetzel", Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. Uses a deadly weapon. "streetAddress": "915 1st Ave N", 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. { In building his firm, Attorney Parikh has hired a staff that shares his passion for helping those who have had criminal accusations brought against them. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. All Rights Reserved. Tampa, FL 33602 2016 - 2023 Law Office of Glenn M. Swiatek. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Everyone here at Parikh Law, P.A. ], A felony conviction can seriously impact your life. 1. "telephone": "(813) 391-8051" Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. }, touched or struck a person, while using a deadly weapon, the maximum penalties for aggravated battery, Difference Between Assault and Battery in Florida, Self-Defense & Stand Your Ground Laws in Florida, Felon in Possession of Firearm in Florida: Charges & Penalties, Withhold Adjudication in Florida: Definition & Laws, FL Presentence Investigation Report: Definitions & Process, Stalking Laws in Florida: Definitions, Charges & Sentences. WebUnder Florida Code 784.045 an individual can be charged with aggravated battery if he or she commits one of the following: A battery wherein he or she intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement A battery using a deadly weapon A battery against a pregnant individual "streetAddress": "1023 Manatee Ave W, Suite 309", 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. Below, you'll find explanations of terms used in the laws for assault and battery. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. The law is constantly changing and evolving. 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. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. "addressCountry": "United States", Quick. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. In fact, he began his legal career as a prosecutor for Orange County, Florida. Before you decide, schedule an appointment to meet directly with the attorney. The victim was pregnant at the time of the battery; and. They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. Let us put our experience to work for you. 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. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. 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. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. Web2. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South 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. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. If you are charged with a crime or being investigated for a crime, it is important to talk with a criminal defense attorney directly about the particular facts and circumstances of your case. 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. However, the quality of the service you receive can vary drastically. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. 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. 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. Brendan Depa, who allegedly assaulted Joan Naydich, 57, after she took away his video game, is facing one count of aggravated battery of a school board official, a first-degree felony in Florida punishable by up to thirty years in prison. 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. David Robert Andrus. Felony battery (F.S. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. Charged with a Serious Offense? Send us a Message to Book Your Free, No-Obligation Consultation Now. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. If you are found to be guilty, you could be ordered to serve up to fifteen (15) years in prison, serve a probation sentence up to fifteen (15) years and pay fines as high as $10,000. }, Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. As a result, Parikh Law, P.A. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense At Parikh Law, P.A., we remain dedicated to helping people just like you. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. b. intentionally caused bodily harm to the victim. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. Start here to find criminal defense lawyers near you. Uses a deadly weapon; or. 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. Permanent disfigurement refers to an alteration of the physical body, such as a visible scar, loss of a limb, or a broken bone that alters one's physical appearance. Although you might find links to other websites maintained by public entities or private third parties on this website, the presence of such a link does not imply an endorsement of the third party website or the accuracy of its content. WebWhat is the legal definition of Aggravated Battery? As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. "@type": "OpeningHoursSpecification", "Monday", Disclaimer: The information on this system is unverified. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. 71-136; s. 20, ch. Aggravated and felony penalties apply when the harm or possible harm increases. *. Our team is commited to your best outcome. Besides these ramifications, being convicted guilty would be permanent on your record. Statutes: FS 784.011 Assault. "openingHoursSpecification": { Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). Battering a pregnant woman. In Florida, Aggravated Battery is the intentional touching of another person with the intent to inflict great bodily harm or to use a deadly weapon. The victim identified the wrong defendant, i.e., you have an alibi. Easy. In Florida, the maximum penalties for aggravated battery include: If the offense was committed on a law enforcement officer, the charge can be elevated to a first-degree felony. Under Florida Statutes Section 784.045, the offense of Aggravated Battery requires that the prosecutor prove all of the elements of battery, plus an additional element for causing harm or using a weapon. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. The information you provide will be used to answer your questions or to schedule an appointment if requested. "telephone": "(727) 828-3900" (2) A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Florida Charges for Aggravated Battery on a Pregnant Female. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Web2. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. A mandatory minimum sentence WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. A victim of Aggravated Battery on W Commercial Blvd. 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. Aggravated battery must be proven beyond a reasonable doubt that the defendant intentionally struck the victim and intentionally caused bodily harm or permanent disability while committing battery. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. Sexual battery may also be known as rape or sexual assault. "Sunday" He is currently There are numerous defenses that your criminal defense attorney use for aggravated battery cases. 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. Aggravated battery is an offense that they will be particularly adamant about. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. 74-383; s. 10, ch. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. The defenses for these types of offenses will vary depending on the circumstances of each case. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. (Fla. Stat. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. 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. If youve been arrested on charges of assault in Florida, you can hire a local bail bondsman to post bond on your behalf for a nonrefundable fee that is equal to 10% of the total bail amount. If a person, while committing the crime of battery : 1. 784.08(2)(a). First, they must show that the accused individual deliberately made physical contact (like a touch or a strike) with the supposed victim without consent, or that the accused purposely caused the alleged victim serious bodily harm. Committing battery in furtherance of a riot also constitutes felony battery. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. 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. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", Penalties for the offense include 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.. }, This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. This article discusses aggravated assault and battery and felony battery in Florida. That person committed an assault. Each aggravated battery case is different. The state of Florida has a bond schedule, set for the different categories of offenses. The maximum sentence is life in prison with $10,00 in fines. The charge of Battery on a law enforcement officer is effectively a misdemeanor charge of battery reclassified to a felony due to the status of the victim being a law enforcement officer.. You should not rely on this information when making decisions about your case.