knew or should have known the victim was pregnant. Please leave this field empty. Using a deadly weapon (a weapon used 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) For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a A deadly weapon is any object that will likely cause death or great bodily harm if used or threatened to be used in the ordinary and usual manner contemplated by its design and construction. Aggravated and felony penalties apply when the harm or possible harm increases. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. 75-298; s. 3, ch. Everyone here at Parikh Law, P.A. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. "sameAs": [ They are then responsible for appearing at all court dates until the case is resolved. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. }, In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. "Monday", "addressLocality": "St. Petersburg", 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. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. 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. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. Battery Reclassified as a Felony Because of a Prior Conviction. ", The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. Office: 813.250.0500 "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Copyright 2000- 2023 State of Florida. The state of Florida has two classifications regarding assault a felony and a misdemeanor. (Fla. Stat. 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. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. Our attorneys handle cases throughout Northeast and Central Florida. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. 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. Start here to find criminal defense lawyers near you. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. (727) 828-3900, 1023 Manatee Ave W "Friday", Felony battery in Florida involves any of the following circumstances. Tampa, FL 33607 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. Your consultation with us will be free and classified. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. Contacting us does not create an attorney-client relationship. a felony of the first degree is reclassified to a life felony. 71-136; s. 20, ch. The law is constantly changing and evolving. Non-consensual contact of a sexual nature using any object also qualifies for this charge. 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. 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. "telephone": "(813) 391-8051" Bradenton, FL 34205 Home Assault and Battery Aggravated Battery, Tell us about your case. 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 . Since your whole future is at stake if you are currently being accused of aggravated battery, it is in your best interest to retain the services of a criminal defense attorney who has what it takes to defend your rights. Javascript must be enabled for site search. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. 88-344; s. 7, ch. }, Copyright 2020 Roundtree Bonding. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. 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. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. } Tampa, FL 33602 Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. 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. Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. 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. Using a deadly weapon while committing the offense. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. 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. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. Any crime that involves a physical attack is defined as an assault. 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. WebSimple assault is a second-degree misdemeanor. 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. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or | Privacy Policy | Disclaimer Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. ], "url": "https://www.goldmanwetzel.com", In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Related Resource: Difference Between Assault and Battery in Florida. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. 0:51. What Is the Bond for Aggravated Battery? 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. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. Florida Criminal Lawyer. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. { 2021-6. To learn more about the process to obtain an aggravated battery bail bond, contact us today. The defendant in committing the battery either: a. knowingly and intentionally caused permanent disfigurement, permanent disability or great bodily harm to the alleged victim; or. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. 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. 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 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. "Saturday", Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. Nothing on this site should be taken as legal advice for any individual case or situation. All Rights Reserved. Great bodily harm or permanent harm. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. 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. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. 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. In some states, the information on this website may be considered a lawyer referral service. 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.. 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 document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Possession With Intent To Sell, Manufacture or Deliver, Introduction Of Contraband Into Detention Facility, Violation Of A Restricted Drivers License, Giving False Information To Law Enforcement, Improper Exhibition of a Firearm or Weapon. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or "addressRegion": "FL", If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. { 200 E Robinson Suite 1140Orlando, FL 32801. "addressLocality": "Tampa", The defenses for these types of offenses will vary depending on the circumstances of each case. b. intentionally caused bodily harm to the victim. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. See Knowles v. State, 65 So. 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 on a paraprofessional. 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. 2021-6. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. This is due to the severity of the crime and potential sentences imposed. Aggravated battery charges result in more severe penalties than battery. 74-383; s. 10, ch. 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. He is currently being held on a $1 million bond according to The Daily Mail. A second or subsequent battery offense (including simple battery) results in felony battery charges. 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. There are various types of assault battery, simple assault, and aggravated assault. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. "telephone": "(727) 828-3900" 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). We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. Committee If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. 561-832-4348. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. 784.021 Aggravated assault.. The information you obtain at this site is not, nor is it intended to be, legal advice.You should consult an attorney for advice regarding your individual situation. "addressCountry": "United States", 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. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. 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. Because of this, he is able to form strategies for his clients defenses that will be the most effective. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. (888) 727-4652, 2020 Goldman Wetzel, PLLC. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. "opens": "00:00", Additionally, this could include a death. { "@context": "http://www.schema.org", 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. We would be honored to welcome you to our family and be able to see you through this dire time in your life. "addressRegion": "FL", 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. Contact him today to begin to discuss your case. 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. The assault charges will depend on the situation. A battery that is reclassified as a felony because of a prior conviction is charged as a third-degree felony which is punishable by up to five years in Florida State Prison and a $5,000 fine. The object used during the incident does not meet the states definition of 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. Simple Battery a first-degree misdemeanor; Battery on a Law Enforcement Officer (LEO); Felony Battery a third-degree felony under Florida Statute Section 784.041; Aggravated Battery with a Deadly Weapon Florida Statute Section 784.045(1)(a)(1); The Defendant intentionally struck or touched the alleged victim against the will of the alleged victim; and. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. 784.045(2), Fla. Stat. 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.
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