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. Enhanced penalties apply for assault or battery against a vulnerable victim. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. 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. The journals or printed bills of the respective chambers should be consulted for official purposes. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Please leave this field empty. The Defendant intentionally caused bodily harm to the alleged victim. ], Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. 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. 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. WebWhat is the legal definition of Aggravated Battery? Riots. Home Violent Crimes Battery and Aggravated Battery. They are then responsible for appearing at all court dates until the case is resolved. 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. Aggravated assault is a third-degree felony under Florida Statute 784.011. 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. The average total bail amounts for different categories of crimes depend on various factors. David Robert Andrus. Aggravated and felony penalties apply when the harm or possible harm increases. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. Great bodily harm or permanent harm. "postalCode": "33607", "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. surrounding areas nearby on Florida's Panhandle. LocationJacksonvilleOrlando Felony battery in Florida involves any of the following circumstances. They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. Contact us for a free consultation. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. We would be honored to welcome you to our family and be able to see you through this dire time in your life. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. 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. 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. In some states, the information on this website may be considered a lawyer referral service. 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. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. Get a Free Consultation Call Us - Available 24/7. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. If you need immediate help, call 321-558-2704. WebIn Florida, Aggravated Battery is the intentional touching of another person with the intent to inflict great bodily harm or to use a deadly weapon. 2016 - 2023 Law Office of Glenn M. Swiatek. The default bonds for misdemeanors are: 1st-degree misdemeanor $500. The contact you made with the alleged victim was accidental, not intentional. Our team is commited to your best outcome. We respect your privacy. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since there is not a clear definition of what a deadly weapon is, you should speak to a battery attorney so they can examine the circumstances of your case. Suite 150 Your Message Has Not been sent. 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. The object used during the incident does not meet the states definition of a deadly weapon. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. 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. Our attorneys handle cases throughout Northeast and Central Florida. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. Under Florida Statute 784.03, the offense of Battery (often called simple battery) requires that the prosecutor prove the following elements beyond a reasonable doubt: The crime of simple battery is charged as a first degree misdemeanor punishable by up to 12 months in jail. The name of the jail where the friend or family member is being held in custody. 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. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). Contact him today to begin to discuss your case. 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. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Battery on a Law Enforcement Officer under Florida Law. Copyright 2020 Roundtree Bonding. 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.. 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. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. Consent or mutual contact The victim was pregnant at the time of the battery; and. 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 Court documents obtained by Fox News Digital Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. 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. 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. 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. 2023 All Rights Reserved. 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. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. He is currently Confidential. Given the severity of the offense, an aggravated battery can result in severe punishments. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. 2021-6. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. The 17-year-old Depa was charged with aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison, in the attack WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. "@type": "PostalAddress", "@type": "PostalAddress", No intent to cause great bodily harm, disfigurement, etc. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. 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.. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. 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. Sexual battery may also be known as rape or sexual assault. 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. Drop us a line today and schedule a confidential consultation today. Repeat battery offenses. Felony battery (F.S. Battery offense implies that the defendant made physical contact with the victim. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. 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. Your Message Has been Successfully Sent. (Fla. Stat. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. "streetAddress": "3030 N Rocky Point Dr, Suite 150", 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. 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. "streetAddress": "915 1st Ave N", The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. I understand that submission of an online form does not constitute an attorneyclient relationship. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. 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. Minimum sentences may also apply. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. WebAggravated battery charges result in more severe penalties than battery. 1005 N. Marion St. WebAggravated battery is a second-degree felony in the state of Florida. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. Aggravated battery in the state of Florida is defined as a battery in which someone willfully or consciously inflicts grave bodily harm, irreversible disability or irreparable disfigurement upon another person. Uses a deadly weapon; or. 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? 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. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. This kind of fervor is not seen every day. The student is being charged as an adult and is being held on $1 million bond. ", Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. 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. Florida Criminal Lawyer. 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. WebAggravated battery is an offense that they will be particularly adamant about. Florida prosecutors have had years of education and experience, which can be almost impossible to go up against if you do not have the same. "address": [ In order to be considered an aggravated battery, it should be proven that the defendant knew or should have known that the victim was pregnant at the time of the offense. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. Aggravated 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. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. 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 . 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. Bond agents in Florida are there to help you through the process and post bond on your behalf. Tampa, FL 33607 The attorney listings on this site are paid attorney advertising. 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. 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. He is currently being held on a $1 million bond according to The Daily Mail. Any crime that involves a physical attack is defined as an assault. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. Alibi (727) 828-3900, 1023 Manatee Ave W "addressRegion": "FL", A simple battery can also be charged as an aggravated battery if the defendant used a deadly weapon or battered a woman that the defendant knew or should have known was pregnant at the time. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. Statutes: FS 784.011 Assault. This offense occurs The law is constantly changing and evolving. Lack of intent If you're in a hurry to find the penalties, skip down to the following sections. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. 2021-6. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. Get Directions. Finding the right attorney is an important decision. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. You were in fear of your life Related Resource: Difference Between Assault and Battery in Florida. He is currently being held on a $1 million bond according to The Daily Mail. This article discusses aggravated assault and battery and felony battery in Florida. 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. "addressCountry": "United States", "addressLocality": "St. Petersburg", 71-136; s. 20, ch. An aggravated battery is generally classified as a second degree felony. "@context": "http://www.schema.org", Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. | Privacy Policy | Disclaimer West Palm Beach, FL 33401 If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. - 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. 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. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. 88-344; s. 7, 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. 784.045(2), Fla. Stat. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. "addressCountry": "United States", WebView Entire Chapter. If the assault escalates to a 3rd-degree felony, its considered an aggravated assault and the total bail amount can be set in the $10,000 range. As a result, Parikh Law, P.A. 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. 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. "@type": "PostalAddress", Because of this, he is able to form strategies for his clients defenses that will be the most effective. 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. This article was last updated on Friday, January 14, 2022. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. 0:10. 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. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. 70-63; s. 732, ch. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. 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. WebFelony battery is a simple battery enhanced by causing injury to the victim. A mandatory minimum sentence What Is the Bond for Aggravated Battery? 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. 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. 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. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense.
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