Call (561) 832-4348 or visit his website. We would be honored to welcome you to our family and be able to see you through this dire time in your life. 0:10. Your Message Has been Successfully Sent. ], If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). That person committed an assault. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. The state of Florida has two classifications regarding assault a felony and a misdemeanor. People charged with aggravated battery face up to 30 years behind bars. In some states, the information on this website may be considered a lawyer referral service. Tampa, FL 33607 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). (727) 828-3900, 1023 Manatee Ave W 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 contact you made with the alleged victim was accidental, not intentional. Battery on a Law Enforcement Officer under Florida Law. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. Charged with a Serious Offense? A victim of Aggravated Battery on W Commercial Blvd. They are then responsible for appearing at all court dates until the case is resolved. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. Causing permanent disability or disfigurement. afelony of the third degree is reclassified to a felony of the second degree; a felony of the second degree is reclassified to a felony of the first degree; or. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. 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. ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. St. Petersburg, FL 33705 Securing professional licenses and/or certifications. "@type": "OpeningHoursSpecification", Confidential or time-sensitive information should not be sent through this website. The default bonds for misdemeanors are: 1st-degree misdemeanor $500. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. The defendant knew or should have known that the victim was pregnant at the time the battery was committed. 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 The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. 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. Using a deadly weapon (a weapon used "addressRegion": "FL", Fax: 813.276.1600, Sammis Law Firm 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. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. 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. WebWhat is the legal definition of Aggravated Battery? a felony of the first degree is reclassified to a life felony. He is currently being held on a $1 million bond according to The Daily Mail. 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 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. Court documents obtained by Fox News Digital The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Looking forward to speaking with you soon. "addressLocality": "Bradenton", 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. David Robert Andrus. }, 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 784.045(2), Fla. Stat. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. 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. (b) With an intent to commit a felony. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. { 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. b. intentionally caused bodily harm to the victim. 0:51. 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. 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. "addressRegion": "FL", 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.. In those instances, Floridas 10-20-Life Law will, upon conviction, mandate the imposition of the following minimum mandatory sentences: Although the facts of every case differ, there are many defenses available to contest a charge of Aggravated Battery in Florida. Battery offense implies that the defendant made physical contact with the victim. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. "Tuesday", 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. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. People charged with aggravated battery face up to 30 years behind bars. Domestic battery by strangulation. 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. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. 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 Under Florida law, Aggravated Battery is generally classified as a second degree felony. The name of the jail where the friend or family member is being held in custody. 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. Under Florida law, a battery charge can be a misdemeanor or felony offense. Minimum sentences may also apply. Aggravated Battery on Person 65 or Older. }, They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. (Fla. Stat. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. 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. 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. 2. Each aggravated battery case is different. 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. Your Message Has Not been sent. At Parikh Law, P.A., we remain dedicated to helping people just like you. Office: 813.250.0500 In certain circumstances, a felony conviction also can result in the loss of a professional license. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Felony battery (F.S. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. Unlike battery, assault does not imply bodily harm or physical contact to the victim. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. The assault charges will depend on the situation. Felony battery in Florida involves any of the following circumstances. 561-832-4348. For instance, if the person is charged with a simple assault, the penalties can be up to 6 months in probation, 60 days in jail, and/or a $500 fine. This offense occurs That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. 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. WebFlorida uses minimum statutory sentences. Get a Free Case Evaluation surrounding areas nearby on Florida's Panhandle. Javascript must be enabled for site search. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. That said, having an attorney puts you at an advantage, since they will be able to fully review your case and find out which defense, or defenses, would be the strongest in your particular case. In fact, he began his legal career as a prosecutor for Orange County, Florida. Statutes: FS 784.011 Assault. For example, pointing a handgun at another person to scare them is considered aggravated assault. Any crime that involves a physical attack is defined as an assault. All Rights Reserved. In short, an aggravated battery is a more severe form of battery. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. "openingHoursSpecification": { Call Musca Law today at 888-484-5057 to schedule an appointment. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. 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. The next step is to appear at a hearing called the first appearance hearing. Publications, Help Searching Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. 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. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. Our team is commited to your best outcome. 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. Aggravated Battery, as defined in 784.045, Florida Statutes 4. 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). 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. 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. Learn more about the attorney's qualifications and experience in fighting criminal cases. Quick. Try again later. 915 1st Ave N Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. Aggravated assault happens when a simple assault transforms into a more severe act of violence. 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. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. "https://www.goldmanwetzel.com", 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. Statutes, Video Broadcast Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to The state of Florida has a bond schedule, set for the different categories of offenses. 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. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. LocationJacksonvilleOrlando The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. 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. 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. "Friday", In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. 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. You did not know your action would result in bodily harm or disability 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. The state of Florida has a bond schedule, set for the different categories of offenses. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", Felony battery (F.S. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. Copyrights 2022. If a person, while committing the crime of battery : 1. All Rights Reserved. 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. ", Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Consent or mutual contact 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. Firearm discharged during incident 20 years imprisonment 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. Contact us to talk with a criminal defense attorney to discuss your case today. "postalCode": "34205", Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. 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. This is due to the severity of the crime and potential sentences imposed. The object used during the incident does not meet the states definition of a deadly weapon. "streetAddress": "915 1st Ave N", Intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim; Battered a person whom the defendant knew or should have known was pregnant. WebSimple assault is a second-degree misdemeanor. "postalCode": "33705", 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. You should not rely on this information when making decisions about your case. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. WebView Entire Chapter. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. Committing battery in furtherance of a riot also constitutes felony battery. 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. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. "addressLocality": "Tampa", Defense of others Aggravated Battery with a Firearm is technically the same offense as Aggravated Battery with a Deadly Weapon. However, the quality of the service you receive can vary drastically. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Committee Sitemap. 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. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. You were in fear of your life 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. "Saturday", 400 Clematis St. Suite 206,West Palm Beach, FL 33401. 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. 2016 - 2023 Law Office of Glenn M. Swiatek. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. "Wednesday", A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. Because of this, he is able to form strategies for his clients defenses that will be the most effective. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. He is currently An aggravated battery is generally classified as a second degree felony. 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. 71-136; s. 20, ch. 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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