If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. Penalties for the offense include 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. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Schedule. "addressRegion": "FL", Aggravated assault is a third-degree felony under Florida Statute 784.011. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. Easy. 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. There was no specific intent to cause the level of injury that incurred. 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. Please leave this field empty. "Monday", 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.. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. Our attorneys handle cases throughout Northeast and Central Florida. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. The state of Florida has a bond schedule, set for the different categories of offenses. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). "openingHoursSpecification": { We provide free initial consultations to discuss the charges against you and possible defenses. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. The defenses for these types of offenses will vary depending on the circumstances of each case. (b) With an intent to commit a felony. An aggravated battery is generally classified as a second degree felony. 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. Quick. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. This article was last updated on Friday, January 14, 2022. ] A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. 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. Because of this, he is able to form strategies for his clients defenses that will be the most effective. St. Petersburg, FL 33705 You were in fear of your life Given the severity of the offense, an aggravated battery can result in severe punishments. Enhanced penalties apply for assault or battery against a vulnerable victim. "addressLocality": "Tampa", Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Uses a deadly weapon; or 3. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. 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. Copyright 2000- 2023 State of Florida. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. Besides these ramifications, being convicted guilty would be permanent on your record. "addressCountry": "United States", For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. Tampa, FL 33607 Firearm discharged during incident 20 years imprisonment "Saturday", 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. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. All Rights Reserved, 2632 NW. If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the 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. 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. "@type": "LegalService", Riots. Under Florida law, a battery charge can be a misdemeanor or felony offense. In other words, an aggravated battery with a deadly weapon means that the defendant intentionally and unlawfully touched or struck a person, while using a deadly weapon. All Rights Reserved. LocationJacksonvilleOrlando Below, you'll find explanations of terms used in the laws for assault and battery. See Knowles v. State, 65 So. "addressLocality": "St. Petersburg", Firearm possessed during incident Minimum term of 10 years imprisonment This aggravating factor causes the reclassification of the underlying felony as follows: If you have been arrested for battery or aggravated battery, contact an experienced criminal defense attorney in Tampa to discuss your case. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. Sitemap. Looking forward to speaking with you soon. These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. { 74-383; s. 10, ch. Causing permanent disability or disfigurement. 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. WebAggravated battery is usually charged as a second degree felony with a maximum sentence of up to 15 years imprisonment and $10,000 in fines. 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. 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. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. 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. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. 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. (727) 828-3900, 1023 Manatee Ave W 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. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. Under Florida law, Aggravated Battery is generally classified as a second degree felony. 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. 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. 784.021 Aggravated assault.. 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. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). ], b. intentionally caused bodily harm to the victim. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. 400 Clematis St. Suite 206, West Palm Beach, FL 33401, Palm Beach County Domestic Battery Attorney, Palm Beach County Seal and Expunge Attorney, Computer Fraud Obtaining Financial Information, Fraud in Connection with Counterfeit Credit Cards, Making a False Statement to a Federal Agency, Possessing a Controlled Substance with the Intent to Distribute, Smuggling Merchandise into the United States, Questions or Schedule An Appointment? The victim was pregnant at the time of the battery; and. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. The victim identified the wrong defendant, i.e., you have an alibi. Felony battery in Florida involves any of the following circumstances. Call (561) 832-4348 or visit his website. 200 E Robinson Suite 1140Orlando, FL 32801. "Thursday", 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. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Lack of intent 88-344; s. 7, ch. USA TODAY is not naming the student because the teen is a minor. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. Uses a deadly weapon. 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. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Aggravated assault happens when a simple assault transforms into a more severe act of violence. Publications, Help Searching Get Directions. "telephone": "(941) 405-5193" 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. Call us to schedule a time to talk with the attorneys in the office or over the phone. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. Before you decide, schedule an appointment to meet directly with the attorney. Sexual battery may also be known as rape or sexual assault. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. { For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. "https://twitter.com/goldmanwetzel" "@type": "PostalAddress", Home Assault and Battery Aggravated Battery, Tell us about your case. Contact him today to begin to discuss your case. 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. We Defend. 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. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. Your Message Has Not been sent. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. If a person who was the victim of a battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant, then the offender may be guilty of the crime of aggravated battery. Battery Reclassified as a Felony Because of a Prior Conviction. Drop us a line today and schedule a confidential consultation today. Aggravated battery is an offense that they will be particularly adamant about. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. 784.08(2)(a). WebA person can commit the crime of aggravated battery in one of three ways in Florida. "@type": "PostalAddress", Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 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. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or 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. 3. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. 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. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. People charged with aggravated battery face up to 30 years behind bars. "url": "https://www.goldmanwetzel.com", Bradenton, FL 34205 Protected victims. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. 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) Contact him today to begin to discuss your case. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. 71-136; s. 20, ch. If a person, while committing the crime of battery : 1. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. 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 in Hillsborough County, FL, the offense is sometimes listed on the jail inquiry page as BATTERY (SECOND OR SUBSEQUENT OFFENSE) (DVST0002)., Felony Battery under Florida Statute 784.041. 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. Consent or mutual contact 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. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. 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. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. First and foremost, Attorney Parikh was able to gain invaluable knowledge during his time at the Office of the State Attorney as to how exactly prosecutors approach aggravated battery cases. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. 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. 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. A second or subsequent battery offense (including simple battery) results in felony battery charges. 2. 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.. WebFlorida uses minimum statutory sentences. He is currently Ronald S. Chapman, P.A. Statutes, Video Broadcast 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. "address": [ "closes": "23:59" "@context": "http://www.schema.org", Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. The penalties Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. 71-136; s. 20, ch. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. 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. Stat.) A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. This type of assault can occur with a deadly weapon, like a rock, firearm, knife, etc. The name of the jail where the friend or family member is being held in custody. Fax: 813.276.1600, Sammis Law Firm WebAggravated battery charges result in more severe penalties than battery. Florida Criminal Lawyer. Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. Web2. The object used during the incident does not meet the states definition of a deadly weapon. Related Resource: Difference Between Assault and Battery in Florida. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. "Sunday" For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a In short, an aggravated battery is a more severe form of battery. 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. So, when our firm takes on a new aggravated battery case, one of the first things we do is look for any holes in the prosecutors case. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. 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. "sameAs": [ This article discusses aggravated assault and battery and felony battery in Florida. If there is a lack of evidence (e.g., no proof that a deadly weapon was used), we will bring that to light and try to get the case thrown out.