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Web2. }, The state of Florida has two classifications regarding assault a felony and a misdemeanor. This is not to say that other firms are not exceptional at what they do, but not all firms have the background that Attorney Rahul Y. Parikh has when it comes to aggravated battery cases. Most people do not have access to the resources that prosecutors have. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. WebAggravated battery is a serious charge and is a second-degree felony which has a maximum punishment of 15 year in prison and a $10,000 fine. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to (888) 727-4652, 2020 Goldman Wetzel, PLLC. 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. 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. (b) With an intent to commit a felony. 88-344; s. 7, ch. 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. "addressCountry": "United States", A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. }, 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. Because of this, he is able to form strategies for his clients defenses that will be the most effective. 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. Please leave this field empty. Aggravated Battery on Person 65 or Older. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. "addressRegion": "FL", 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. Call us to schedule a time to talk with the attorneys in the office or over the phone. Easy. "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. 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. Contact him today to begin to discuss your case. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. 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. The information on this website is for general information purposes only. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. The defenses for these types of offenses will vary depending on the circumstances of each case. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. The charge of Battery on a law enforcement officer is effectively a misdemeanor charge of battery reclassified to a felony due to the status of the victim being a law enforcement officer.. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. 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. 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) No intent to cause great bodily harm, disfigurement, etc. { Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Lack of intent "streetAddress": "3030 N Rocky Point Dr, Suite 150", "addressLocality": "Bradenton", 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. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. Using a deadly weapon while committing the offense. The student is being charged as an adult and is being held on $1 million bond. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. 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. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. "openingHoursSpecification": { 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 weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. Under Florida law, Aggravated Battery is generally classified as a second degree felony. Life parole is 74-383; s. 10, ch. 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. 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. To learn more about the process to obtain an aggravated battery bail bond, contact us today. Looking forward to speaking with you soon. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. Statutes, Video Broadcast "streetAddress": "915 1st Ave N", "telephone": "(813) 391-8051" We respect your privacy. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South The object used during the incident does not meet the states definition of a deadly weapon. David Robert Andrus. 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. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. 3d 597, 598-99 (Fla. 4th DCA 2011). Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. 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. Firearm possessed during incident Minimum term of 10 years imprisonment The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. Get a Free Consultation Call Us - Available 24/7. Fax: 813.276.1600, Sammis Law Firm 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. In Florida, an aggravated battery with a deadly weapon is a second-degree felony which is punishable by up to 15 years of prison and a maximum fine of $10,000. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. { Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. 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. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. 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. A felony conviction can seriously impact your life. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. Committing battery in furtherance of a riot also constitutes felony battery. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Aggravated Battery with a Firearm is technically the same offense as Aggravated Battery with a Deadly Weapon. Florida Charges for Aggravated Battery on a Pregnant Female. If a person commits this crime with a "url": "https://www.goldmanwetzel.com", The defendant knew or should have known that the victim was pregnant at the time the battery was committed. There was no specific intent to cause the level of injury that incurred. Web2. Quick. 2021-6. 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. "Friday", Sitemap. 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. You did not know your action would result in bodily harm or disability Our Attorney Rahul Parikh is a battle-tested Orlando criminal defense attorney, who is dedicated to protecting the freedom, reputation, and constitutional rights of his clients. 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. 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. "addressRegion": "FL", "Sunday" Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Minimum sentences may also apply. WebFlorida uses minimum statutory sentences. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. 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. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. This is due to the severity of the crime and potential sentences imposed. In some states, the information on this website may be considered a lawyer referral service. 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. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. Disclaimer: The information on this system is unverified. "https://www.facebook.com/goldmanwetzel/", XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. ], Our team is commited to your best outcome. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. West Palm Beach, FL 33401 "dayOfWeek": [ 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. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. You were in fear of your life Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. Suite 309 Everyone here at Parikh Law, P.A. "https://www.goldmanwetzel.com", As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. USA TODAY is not naming the student because the teen is a minor. 784.045(2), Fla. Stat. Firearm discharged during incident 20 years imprisonment The aggravated assault can also be classified as domestic violence toward a family member, or another relative. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. Copyright 2020 Roundtree Bonding. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. That person committed an assault. Uses a deadly weapon. Aggravated Battery. 784.021 Aggravated assault.. 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 A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. 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 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. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. 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. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. WebWhat is the legal definition of Aggravated Battery? They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. Nothing on this site should be taken as legal advice for any individual case or situation. Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. Protected victims. (Fla. Stat. A victim of Aggravated Battery on W Commercial Blvd. Javascript must be enabled for site search. "postalCode": "33607", (941) 405-5193, 3030 N. Rocky Point Dr Initial Office Consults are free, and I will make myself available to suit your schedule. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The state of Florida has a bond schedule, set for the different categories of offenses. "addressLocality": "St. Petersburg", The law is constantly changing and evolving. If a person, while committing the crime of battery : 1. "addressLocality": "Tampa", As you review the penalties below, here are some of the terms you'll encounter and their meanings. 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. } You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. Charged with a Serious Offense? Aggravated Battery, as defined in 784.045, Florida Statutes 4. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. 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. 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. Confidential or time-sensitive information should not be sent through this website. If you are facing criminal charges in Florida, Ronald Chapman can help. 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. Causing permanent disability or disfigurement. When one person intentionally or knowingly comes into physical contact with another individual against the other persons will, that is considered aggravated battery, as outlined in Florida Statute 784.045. The journals or printed bills of the respective chambers should be consulted for official purposes. Court documents obtained by Fox News Digital The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. 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. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. Contact us to talk with a criminal defense attorney to discuss your case today. 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. "@type": "OpeningHoursSpecification", 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. 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. 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. Battery offense implies that the defendant made physical contact with the victim. Home Assault and Battery Aggravated Battery, Tell us about your case. Contact us for a free consultation. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. 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. The victim identified the wrong defendant, i.e., you have an alibi. 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. He is currently being held on a $1 million bond according to The Daily Mail. Your consultation with us will be free and classified. 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. 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. - 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. At Parikh Law, P.A., we remain dedicated to helping people just like you. 784.08(2)(a). This offense occurs "@type": "PostalAddress", They are then responsible for appearing at all court dates until the case is resolved. 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. 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 use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. 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. The contact you made with the alleged victim was accidental, not intentional. You should not rely on this information when making decisions about your case. { Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). As a result, Parikh Law, P.A. "telephone": "(727) 828-3900" 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. Get a Free Case Evaluation Sexual battery may also be known as rape or sexual assault. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. 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.