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). 2. "https://www.facebook.com/goldmanwetzel/", Get a Free Case Evaluation This offense occurs Battery on a Law Enforcement Officer under Florida Law. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. "addressCountry": "United States", Most people do not have access to the resources that prosecutors have. 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. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. Learn more about the attorney's qualifications and experience in fighting criminal cases. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. Minimum sentences may also apply. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. Lack of intent { "Thursday", "streetAddress": "915 1st Ave N", In Florida, the maximum penalties for aggravated battery include: 15 years This kind of fervor is not seen every day. Battery offense implies that the defendant made physical contact with the victim. Aggravated Battery, as defined in 784.045, Florida Statutes 4. 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. You did not know your action would result in bodily harm or disability 75-298; s. 3, ch. 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. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. Our team is commited to your best outcome. If a person commits this crime with a 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. "telephone": "(941) 405-5193" Penalties for the offense include WebView Entire Chapter. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. Firearm discharged during incident 20 years imprisonment Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. Easy. The next step is to appear at a hearing called the first appearance hearing. "opens": "00:00", 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. 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 other words, an assault requires a threat that causes fear of harm, whereas battery requires offensive or unwanted touching or contact that causes physical harm. Statutes: FS 784.011 Assault. 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. 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. To learn more about the process to obtain an aggravated battery bail bond, contact us today. 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. WebFelony battery is a simple battery enhanced by causing injury to the victim. Under Florida law, Aggravated Battery is generally classified as a second degree felony. 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. "https://twitter.com/goldmanwetzel" Web(1) (a) A person commits aggravated battery who, in committing battery: 1. ], "openingHoursSpecification": { 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. Bradenton, FL 34205 We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. 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. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. "@type": "LegalService", Felony battery in Florida involves any of the following circumstances. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. 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. Skip to Navigation | Skip to Main Content | Skip to Site Map. 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. }, Tampa, FL 33602 Confidential. 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. "@type": "PostalAddress", This article discusses aggravated assault and battery and felony battery in Florida. 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. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. A victim of Aggravated Battery on W Commercial Blvd. "name": "Goldman Wetzel", 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. "Saturday", Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. The default bonds for misdemeanors are: 1st-degree misdemeanor $500. } 784.045(2), Fla. Stat. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. Statutes, Video Broadcast Aggravated battery charges result in more severe penalties than battery. Additionally, this could include a death. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. 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. Causing permanent disability or disfigurement. Schedule. 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. Riots. Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. The contact you made with the alleged victim was accidental, not intentional. Examples of protected classes of victims include elderly victims (age 65 and older), law enforcement officers, emergency responders, health care workers, school employees, and certain public employees (such as transit workers and child protection). Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 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. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. 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, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. If you have been charged with aggravated battery in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth, Lantana, North Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, or Wellington, call me, attorney Ronald Chapman, at 561-832-4348 to discuss your case and see how I might be able to help you. The information you provide will be used to answer your questions or to schedule an appointment if requested. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. 2nd "url": "https://www.goldmanwetzel.com", Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. 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. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. Web(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This is due to the severity of the crime and potential sentences imposed. 915 1st Ave N They are then responsible for appearing at all court dates until the case is resolved. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. 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. David Robert Andrus. a felony of the first degree is reclassified to a life felony. A mandatory minimum sentence Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. "@context": "http://www.schema.org", Web2. 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. 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. The average total bail amounts for different categories of crimes depend on various factors. The object used during the incident does not meet the states definition of a deadly weapon. However, the quality of the service you receive can vary drastically. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. 400 Clematis Street, Suite 206 Copyrights 2022. 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. Battering a pregnant woman. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. Copyright 2020 Roundtree Bonding. The incident happened at Matanzas High School in Palm Coast, Florida. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. All Rights Reserved. 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. The victim was at the time over 65 years of age. 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. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. { 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. { 74-383; s. 10, ch. Unlike battery, assault does not imply bodily harm or physical contact to the victim. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The journals or printed bills of the respective chambers should be consulted for official purposes. If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. 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. 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. 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. 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. 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 you're in a hurry to find the penalties, skip down to the following sections. If you need immediate help, call 321-558-2704. People charged with aggravated battery face up to 30 years behind bars. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. A felony conviction can seriously impact your life. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. Home Violent Crimes Battery and Aggravated Battery. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. 1005 N. Marion St. Get a Free Consultation Call Us - Available 24/7. The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. 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. "telephone": "(813) 391-8051" If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. 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. Sexual battery may also be known as rape or sexual assault. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. If someone batters a family or household member or dating partner by impeding their normal breathing or blood circulation and creating a risk of great bodily harm, the offender is guilty of domestic battery by strangulation. Suite 150 Web2. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. Charged with a Serious Offense? Because of this, he is able to form strategies for his clients defenses that will be the most effective. The defenses for these types of offenses will vary depending on the circumstances of each case. Finding the right attorney is an important decision. There was no specific intent to cause the level of injury that incurred. Below, you'll find explanations of terms used in the laws for assault and battery. 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. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. Call us to schedule a time to talk with the attorneys in the office or over the phone. 2021-6. }, 2013 - 2023 Sammis Law Firm P.A. 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.
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