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. Florida Charges for Aggravated Battery on a Pregnant Female. The victim was pregnant at the time of the battery; and. "Monday", Overview of Florida Assault and Battery Charges The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. "streetAddress": "3030 N Rocky Point Dr, Suite 150", Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. What Constitutes Sexual Battery in Florida Contact us to talk with a criminal defense attorney to discuss your case today. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. Below, you'll find explanations of terms used in the laws for assault and battery. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. 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 West Palm Beach, FL 33401 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. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. To learn more about the bail bondsprocess, contact us today. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally caused great bodily harm or permanent disability or disfigurement to the victim. Florida Aggravated Assault and Battery Laws WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. "Friday", WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. 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. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. The information on this website is for general information purposes only. ], 1005 N. Marion St. Non-consensual contact of a sexual nature using any object also qualifies for this charge. Battery The total bail amount for a felony is higher than the total bail amount for a misdemeanor. David Robert Andrus, 41, of Summerfield, was at the wheel of the silver Chevy pickup shortly before 9 p.m. Sunday on State Road 25 near Eagles Nest Road when a Fruitland Park police officer noticed the There are certain requirements the prosecution must meet in order to attain a legitimate guilty WebAggravated battery charges result in more severe penalties than battery. 2. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. Confidential. If you're in a hurry to find the penalties, skip down to the following sections. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or Florida Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. Teen in Vicious Attack on Florida Teacher's Aide to Be Charged as Because an aggravated battery charge carries life-long consequences, its important to secure your friend or family members release so they can attend to personal affairs. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. To learn more about the process to obtain an aggravated battery bail bond, contact us today. and you also find beyond a reasonable doubt that during the commission of the crime the defendant committed an aggravated battery, you should find the defendant guilty of (felony) with an aggravated battery. Committee "addressCountry": "United States", 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. A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. 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. Student attacks Florida school employee for taking Nintendo Switch For the court to convict you of aggravated battery, the prosecutor must prove you purposefully touched the alleged victim or purposefully caused harm, and that you either caused great bodily harm, used a deadly weapon, or knew/should have known the victim was pregnant. }, 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. "name": "Goldman Wetzel", Florida We provide free initial consultations to discuss the charges against you and possible defenses. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. 1. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. Florida 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. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. Life parole is Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. Juvenile Aggravated Assault and Aggravated Battery Florida student who allegedly attacked teacher for taking "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. Aggravated Battery 74-383; s. 10, ch. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. Average Bond for Assault in Florida - Bail Agent Network Firearm possessed during incident Minimum term of 10 years imprisonment Even though you are an intelligent individual, matters of criminal defense may be far beyond your scope of experience, which does not fare well for you if you are being accused of a charge as serious as aggravated battery. Aggravated and felony penalties apply when the harm or possible harm increases. Disclaimer: The information on this system is unverified. As you review the penalties below, here are some of the terms you'll encounter and their meanings. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. Easy. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. All Rights Reserved. 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.. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. "telephone": "(727) 828-3900" Aggravated Battery, as defined in 784.045, Florida Statutes 4. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. 2021-6. Attorney Parikh has not always been in private practice. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. 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. 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. 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. 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. St. Petersburg, FL 33705 WebFlorida uses minimum statutory sentences. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. Our attorneys handle cases throughout Northeast and Central Florida. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. "@type": "PostalAddress", The state of Florida has two classifications regarding assault a felony and a misdemeanor. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. WebFlorida law defines an act of aggravated battery as: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon; or an act of battery committed against a person who is pregnant at the time of the offense and where the offender should have known the victim was pregnant. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. The contact you made with the alleged victim was accidental, not intentional. The victim identified the wrong defendant, i.e., you have an alibi. bond ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. 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. Florida Aggravated Battery Florida Although in the past there was a mandatory minimum prison sentence if a person used a firearm during a battery, the 10-20-Life-Law establishes that the sentencing will be up to the judges discretion. "https://twitter.com/goldmanwetzel" Yet, if a bondsman puts up the full bond amount to secure the friend or family members release, a 10 percent non-refundable bond fee will be assessed. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. Battery, Domestic Battery and Aggravated Battery in Florida Alibi Web2. Get a Free Consultation Call Us - Available 24/7. *. If you need immediate help, call 321-558-2704. "dayOfWeek": [ If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. Bloomington man receives bond after being held on battery charges For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Since 1990, Mr. Chapman has been representing people who have been accused of committing various types of crimes such as DUI, domestic violence, possession of a firearm, drug possession, expungement, traffic crimes, murder, manslaughter, crimes against children, sex crimes, crimes against the elderly, appeals, and violations of probation. Florida Aggravated Battery "streetAddress": "1023 Manatee Ave W, Suite 309", b. intentionally caused bodily harm to the victim. 3d 597, 598-99 (Fla. 4th DCA 2011). No disability, disfigurement or extreme physical harm inflicted upon the supposed victim; You had no intention to touch or strike the alleged victim; There was not a deadly weapon involved in the purported incident, and; The physical altercation between you and the alleged victim was the result of consent or mutual combat. WebAggravated 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. People charged with aggravated battery face up to 30 years behind bars. Sitemap. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. | Privacy Policy | Disclaimer "addressCountry": "United States", 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. 70-63; s. 732, ch. Tampa, FL 33607 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. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! It is important to notice that a deadly weapon is not necessarily restricted to a firearm. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. 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. USA TODAY is not naming the student because the teen is a minor. Your consultation with us will be free and classified. Additionally, this could include a death. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. 71-136; s. 20, ch. A victim of Aggravated Battery on W Commercial Blvd. 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. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. "addressCountry": "United States", And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. 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. 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. The state of Florida has a bond schedule, set for the different categories of offenses. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. Tampa, FL 33602 Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. Contact us for a free consultation. The Defendant intentionally caused bodily harm to the alleged victim. A felony conviction can seriously impact your life. Depa is being held in jail on a $1 million bond. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. Statutes & Constitution :View Statutes : Online Sunshine 88-344; s. 7, ch. 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. Sentence for Aggravated Battery with a Deadly Weapon. Your Message Has Not been sent. Uses a deadly weapon; or. The law is constantly changing and evolving. 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. That said, having an attorney puts you at an advantage, since they will be able to fully review your case and find out which defense, or defenses, would be the strongest in your particular case. Uses a deadly weapon. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. 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. Charged with a Serious Offense? "addressRegion": "FL", 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. is dedicated to your defense and will go the extra mile to make sure that you are being listened to, informed and defended to the highest extent. 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. Aggravated Battery Defense In Tampa, Florida - The Hardy Law Firm 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. The defendant knew or should have known that the victim was pregnant at the time the battery was committed. Web2. They must also prove that the alleged offender used a deadly weapon when the incident occurred or that they knowingly caused the alleged victim permanent disability or disfigurement or major bodily harm. Aggravated Battery The student is being charged as an adult and is being held on $1 million bond. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. 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. Stat.) knew or should have known the victim was pregnant. In Florida, the maximum penalties for aggravated battery include: 15 years 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. The maximum sentence is life in prison with $10,00 in fines. In addition, you may also be accused of aggravated battery if you carried out the act, knowing that the victim was pregnant, or if you used a deadly weapon to carry out the offense. David Robert Andrus. 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. 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. "addressRegion": "FL", A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. 75-298; s. 3, ch. - Privacy Policy - Lawyer Website Design by: INTERNET LAVA, Battery on a Person 65 Years Old or Older, list of 22 statutory exceptions to the warrantless arrest rule found in Section 901.15, F.S. { 88-344; s. 7, ch. 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. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. Contact him today to begin to discuss your case. Bradenton, FL 34205 "@context": "http://www.schema.org", A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. Judge orders mental exam for student in attack on teacher's aide Unlike battery, assault does not imply bodily harm or physical contact to the victim. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. 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. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. aggravated battery in Florida All Rights Reserved, 2632 NW. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. Before you decide, schedule an appointment to meet directly with the attorney. A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. The attorney listings on this site are paid attorney advertising. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. That person committed an assault. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. Florida 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 state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. 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. 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. (888) 727-4652, 2020 Goldman Wetzel, PLLC. Aggravated Battery This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. This offense occurs
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