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. The defenses for these types of offenses will vary depending on the circumstances of each case. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. 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. WebAggravated battery is a second-degree felony in the state of Florida. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. According to the Florida Statute 784.045, an aggravated battery is the offense of: In Nguyen v. the State of Florida, the court stated that an aggravated battery causing great bodily harm means that the harm inflicted has to be more severe than slight, trivial, or minor harm. 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. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. Aggravated assault and battery and felony battery charges typically apply in those offenses that involve a weapon, increased harm to a victim, or vulnerable victims. 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. The Defendant intentionally caused bodily harm to the alleged victim. Given the severity of the offense, an aggravated battery can result in severe punishments. 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) ], 70-63; s. 732, ch. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. A mandatory minimum sentence 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. WebView Entire Chapter. 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. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. Our team is commited to your best outcome. At Parikh Law, P.A., we remain dedicated to helping people just like you. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. 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. 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. 75-298; s. 3, ch. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. "name": "Goldman Wetzel", The attorney listings on this site are paid attorney advertising. "Tuesday", "addressLocality": "Bradenton", Aggravated battery is an offense that they will be particularly adamant about. 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. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. 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. For victims between 12 and 18, the crime is a life felony. A felony conviction can seriously impact your life. The penalties Get a Free Consultation Call Us - Available 24/7. 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. Schedule your FREE Consultation! 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. St. Petersburg, FL 33705 In Florida, the maximum penalties for aggravated battery include: 15 years West Palm Beach, FL 33401 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. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. Send us a Message to Book Your Free, No-Obligation Consultation Now. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. "Monday", Tampa, FL 33602 Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. Your Message Has Not been sent. Web2. The victim was pregnant at the time of the battery; and. Drop us a line today and schedule a confidential consultation today. "@type": "OpeningHoursSpecification", 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. Below, you'll find explanations of terms used in the laws for assault and battery. Contacting us does not create an attorney-client relationship. Additionally, this could include a death. 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.. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. 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. 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. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. 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 To learn more about the bail bondsprocess, contact us today. Any crime that involves a physical attack is defined as an assault. - 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. The information you provide will be used to answer your questions or to schedule an appointment if requested. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. 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. Copyrights 2022. 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. "addressRegion": "FL", 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. 75-298; s. 3, ch. Nothing on this site should be taken as legal advice for any individual case or situation. 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. We Defend. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. 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. 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. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. Teen in Vicious Attack on Florida Teacher's Aide to Be Charged as Adult, Given $1M Bond The teen was arrested on a felony aggravated battery with bodily harm There was no specific intent to cause the level of injury that incurred. 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 . 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. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. 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 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. Using a deadly weapon while committing the offense. 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. today! Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South WebSimple assault is a second-degree misdemeanor. 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. Statutes, Video Broadcast WebA conviction means there was a determination of guilt in your previous case, even if adjudication was withheld or you entered a plea of nolo contender e. Simple assault and battery are misdemeanors under Florida law but may be aggravated to felony charges if certain facts are alleged. 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. 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. 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. *. Bond agents in Florida are there to help you through the process and post bond on your behalf. Get a Free Case Evaluation "@type": "LegalService", The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. 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. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. 0:51. Uses a deadly weapon. Suite 150 Felony battery in Florida involves any of the following circumstances. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense 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. Great bodily harm or permanent harm. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. 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. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. Defense of others In short, an aggravated battery is a more severe form of battery. Aggravated Battery on Person 65 or Older. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. 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. 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. 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. Committing battery in furtherance of a riot also constitutes felony battery. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. This article was last updated on Friday, January 14, 2022. An aggravated battery is generally classified as a second degree felony. 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. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. What Is the Bond for Aggravated Battery? "opens": "00:00", The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. "https://www.facebook.com/goldmanwetzel/", Felony convictions are not simply a mark on your permanent criminal record, but they can also be a detriment to your life in a myriad of other ways outside of the Florida criminal justice system. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. Uses a deadly weapon; or. The state of Florida has a bond schedule, set for the different categories of offenses. 88-344; s. 7, ch. The victim was at the time over 65 years of age. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. Contact him today to begin to discuss your case. "url": "https://www.goldmanwetzel.com", As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. 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. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Our attorneys handle cases throughout Northeast and Central Florida. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. The name of the jail where the friend or family member is being held in custody. Easy. If you need immediate help, call 321-558-2704. Aggravated Battery with a Firearm is technically the same offense as Aggravated Battery with a Deadly Weapon. 2. 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. The state of Florida has a bond schedule, set for the different categories of offenses. { For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. Besides these ramifications, being convicted guilty would be permanent on your record. Suite 309 If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. 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. Call (561) 832-4348 or visit his website. The contact you made with the alleged victim was accidental, not intentional. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. WebAggravated battery is an offense that they will be particularly adamant about. This offense occurs Most people do not have access to the resources that prosecutors have. }, 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. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. 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 aggravated assault can also be classified as domestic violence toward a family member, or another relative. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. }, Aggravated Battery, as defined in 784.045, Florida Statutes 4. Battery offense implies that the defendant made physical contact with the victim. Unlike battery, assault does not imply bodily harm or physical contact to the victim. "@type": "PostalAddress", 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. Domestic battery by strangulation. Finding the right attorney is an important decision. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. 71-136; s. 20, ch. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. "streetAddress": "915 1st Ave N", surrounding areas nearby on Florida's Panhandle. 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. (727) 828-3900, 1023 Manatee Ave W Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. "dayOfWeek": [ David Robert Andrus. We respect your privacy. 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. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. 2016 - 2023 Law Office of Glenn M. Swiatek. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. Felony battery (F.S. 784.045(2), Fla. Stat. "postalCode": "34205", Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. You had no intention to cause bodily harm The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. The journals or printed bills of the respective chambers should be consulted for official purposes. Stat.) WebDefinition of Aggravated Battery on a Pregnant Woman Florida Statute 784.045(2)(b) Under FSS 784.045(2)(b), 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. Javascript must be enabled for site search. 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.

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