WebAggravated battery occurs if the offender: intentionally caused great bodily harm or permanent disability or disfigurement to the victim used a deadly weapon, or knew or Understanding Sexual Battery and Rape Bond agents in Florida are there to help you through the process and post bond on your behalf. Overview of Florida Assault and Battery Charges "url": "https://www.goldmanwetzel.com", Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. Firearm possessed during incident Minimum term of 10 years imprisonment 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. 2021-6. There are various types of assault battery, simple assault, and aggravated assault. 400 Clematis Street, Suite 206 Felony battery in Florida involves any of the following circumstances. 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. Your Message Has Not been sent. Juvenile Aggravated Assault and Aggravated Battery Contacting us does not create an attorney-client relationship. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. 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 default bonds for misdemeanors are: 1st-degree misdemeanor $500. 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. Semi-automatic weapon or machine gun possessed 15 years imprisonment "telephone": "(727) 828-3900" David Robert Andrus. What Is the Bond for Aggravated Battery? What is aggravated Battery on Person 65 Years of Age or 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. Judge orders mental exam for student in attack on teacher's aide 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. Sentence for Aggravated Battery with a Deadly Weapon. The defenses for these types of offenses will vary depending on the circumstances of each case. 75-298; s. 3, ch. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", is dedicated to your defense and will go the extra mile to make sure that you are being listened to, informed and defended to the highest extent. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. 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. 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. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. } The next step is to appear at a hearing called the first appearance hearing. "Tuesday", "Monday", Penalties for the offense include A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. 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. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. Any crime that involves a physical attack is defined as an assault. Quick. 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. Charged with a Serious Offense? And for more information on simple assault and battery, see Simple Assault and Battery in Florida. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. The average total bail amounts for different categories of crimes depend on various factors. 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. (888) 727-4652, 2020 Goldman Wetzel, PLLC. "sameAs": [ Using a deadly weapon (a weapon used Felony battery (F.S. 88-344; s. 7, ch. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. Enhanced penalties apply for assault or battery against a vulnerable victim. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. 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. 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. A felony conviction can seriously impact your life. 2016 - 2023 Law Office of Glenn M. Swiatek. Aggravated 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. "addressCountry": "United States", 70-63; s. 732, ch. To learn more about the process to obtain an aggravated battery bail bond, contact us today. 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. Florida 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. Aggravated battery charges result in more severe penalties than battery. He is currently The object used during the incident does not meet the states definition of a deadly weapon. 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. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). Battery 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 "Friday", Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. 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. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. surrounding areas nearby on Florida's Panhandle. 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. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. Aggravated Battery With a Deadly Weapon or Serious Injury WebAggravated battery is an offense that they will be particularly adamant about. "Family or household members" include current and former spouses, persons related by blood or marriage, persons currently or formerly residing together as if family, or persons who share a child. "postalCode": "33705", WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. In order to help you understand these charges, below there is more information regarding the definition of aggravated battery, the penalties for these charges and some possible defenses. Repeat battery offenses. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. "Saturday", For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. Life parole is In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. If you are facing criminal charges in Florida, Ronald Chapman can help. Publications, Help Searching 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. In fact, Section 901.15(9)(a) provides that anofficer can make an arrest for a misdemeanor simple battery charge if the officer gathers probable cause that the crime occurred outside of the officers presence. Aggravated Battery Florida | Parikh Law, P.A. People charged with aggravated battery face up to 30 years behind bars. LocationJacksonvilleOrlando Florida Aggravated Battery 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. WebAggravated battery charges result in more severe penalties than battery. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. "openingHoursSpecification": { Bradenton, FL 34205 Call Musca Law today at 888-484-5057 to schedule an appointment. 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. "addressCountry": "United States", "addressCountry": "United States", (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. 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. In some states, the information on this website may be considered a lawyer referral service. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. 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. Our team is commited to your best outcome. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. "address": [ 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. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. 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. Drop us a line today and schedule a confidential consultation today. 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. This type of assault can occur with a deadly weapon, like a rock, firearm, knife, etc. 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. Aggravated Battery with a Firearm is technically the same offense as Aggravated Battery with a Deadly Weapon. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. 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. Florida ] 2013 - 2023 Sammis Law Firm P.A. This article discusses aggravated assault and battery and felony battery in Florida. 2nd As you review the penalties below, here are some of the terms you'll encounter and their meanings. ], WebFlorida uses minimum statutory sentences. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. Battering a person who was known to be pregnant. 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. Unlike battery, assault does not imply bodily harm or physical contact to the victim. The law is constantly changing and evolving. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. 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. "streetAddress": "915 1st Ave N", 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. If you need immediate help, call 321-558-2704. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. 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. 3. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. Sexual battery may also be known as rape or sexual assault. WebAggravated battery is a second-degree felony in the state of Florida. All Rights Reserved. knew or should have known the victim was pregnant. WebView Entire Chapter. "telephone": "(813) 391-8051" Aggravated Battery, as defined in 784.045, Florida Statutes 4. Florida The information you provide will be used to answer your questions or to schedule an appointment if requested. The student is being charged as an adult and is being held on $1 million bond. Under Florida Statutes 784.045, the crime of Aggravated Battery on a Pregnant Victim requires proof of a battery plus proof beyond a reasonable doubt that: Read more about the punishments and penalties for battery on a pregnant female. This article was last updated on Friday, January 14, 2022. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. This offense occurs 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. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. Disclaimer: The information on this system is unverified. Florida Having the early help of a criminal attorney can help you prepare a strong legal defense. 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 Alibi 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). }, 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. However, the quality of the service you receive can vary drastically. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. Uses a deadly weapon; or. "name": "Goldman Wetzel", Florida Home Violent Crimes Battery and Aggravated Battery. The crime of Aggravated Battery on Person 65 years of age or older is a First Degree Felony that is punishable by up to 30 years in prison and a $10,000 fine. a felony of the first degree is reclassified to a life felony. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. Battery, Domestic Battery and Aggravated Battery in Florida 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. Under Florida law, Aggravated Battery is generally classified as a second degree felony. 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. Florida Aggravated Battery 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. For victims between 12 and 18, the crime is a life felony. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. That person committed an assault. 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. Aggravated Assault, as defined in 784.021, Florida Statutes 3. 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.. They are then responsible for appearing at all court dates until the case is resolved. 0:51. Committee Battery and Aggravated Battery in Florida - Sammis Law Everyone here at Parikh Law, P.A. The state of Florida has a bond schedule, set for the different categories of offenses. USA TODAY is not naming the student because the teen is a minor. We respect your privacy. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. In Florida, the maximum penalties for aggravated battery include: 15 years WebAccording to Florida Statute 784.045, a person commits Aggravated Battery in Florida on a Pregnant Woman if the person: Actually and intentionally touches or strikes another If you face criminal charges, talk to a criminal defense attorney who knows the local court system. 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. 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. Aggravated Battery- Florida | Definition, Penalties, Defenses 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. Florida Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 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. Your Message Has been Successfully Sent. "addressLocality": "Bradenton", Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. 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. Because of this, he is able to form strategies for his clients defenses that will be the most effective. (Fla. Stat. }, 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.