Aggravated Battery. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. We would be honored to welcome you to our family and be able to see you through this dire time in your life. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. The incident happened at Matanzas High School in Palm Coast, Florida. Adopted in July of 1992 and last amended in 2011, the instruction provides: If you find that (defendant) committed (felony as identified by 775.087(1), Fla. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. Battering a pregnant woman. The maximum sentence is life in prison with $10,00 in fines. At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. 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. "@type": "PostalAddress", Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. 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) Suite 150 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. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. }, 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. "addressRegion": "FL", Home Violent Crimes Battery and Aggravated Battery. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. People charged with aggravated battery face up to 30 years behind bars. "streetAddress": "1023 Manatee Ave W, Suite 309", 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. The defendant knew or should have known that the victim was pregnant at the time the battery was committed. Protected victims. WebA person can commit the crime of aggravated battery in one of three ways in Florida. Battery offense implies that the defendant made physical contact with the victim. "sameAs": [ You were in fear of your life 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. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. Causing permanent disability or disfigurement. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. Great bodily harm or permanent harm. 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 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. 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. Your consultation with us will be free and classified. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", 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. 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. In Florida, the maximum penalties for aggravated battery include: 15 years The default bonds for misdemeanors are: 1st-degree misdemeanor $500. Felony battery (F.S. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. Attorney Parikh has not always been in private practice. "addressCountry": "United States", In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. 3. Let us put our experience to work for you. 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. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. 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. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). 88-344; s. 7, ch. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", If a person, while committing the crime of battery : 1. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. People charged with aggravated battery face up to 30 years behind bars. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. This type of assault can occur with a deadly weapon, like a rock, firearm, knife, etc. Publications, Help Searching Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. To learn more about the process to obtain an aggravated battery bail bond, contact us today. 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. "telephone": "(813) 391-8051" Goldman Wetzel is a criminal law firm that represents individuals facing charges for violent crimes in St. Petersburg, Bradenton, Pinellas County, Tampa, Sarasota, Clearwater and surrounding areas. Having the early help of a criminal attorney can help you prepare a strong legal defense. ", "Tuesday", However, the quality of the service you receive can vary drastically. 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. (b) With an intent to commit a felony. Aggravated Battery, as defined in 784.045, Florida Statutes 4. Drop us a line today and schedule a confidential consultation today. 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. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. The victim was pregnant at the time of the battery; and. "url": "https://www.goldmanwetzel.com", A victim of Aggravated Battery on W Commercial Blvd. 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. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. "addressLocality": "Bradenton", "streetAddress": "3030 N Rocky Point Dr, Suite 150", St. Petersburg, FL 33705 2013 - 2023 Sammis Law Firm P.A. Aggravated and felony penalties apply when the harm or possible harm increases. At Parikh Law, P.A., we remain dedicated to helping people just like you. 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 penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. 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. "openingHoursSpecification": { Tampa, FL 33607 Also, a specific situation is aggravated battery against a pregnant woman occurs when a person commits battery while knowing or should have known the woman was pregnant. The information you provide will be used to answer your questions or to schedule an appointment if requested. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. Given the severity of the offense, an aggravated battery can result in severe punishments. 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 He is currently being held on a $1 million bond according to The Daily Mail. (727) 828-3900, 1023 Manatee Ave W Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. Nothing on this site should be taken as legal advice for any individual case or situation. The next step is to appear at a hearing called the first appearance hearing. All Rights Reserved, 2632 NW. Initial Office Consults are free, and I will make myself available to suit your schedule. Our attorneys handle cases throughout Northeast and Central Florida. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. Under Florida law, a battery charge can be a misdemeanor or felony offense. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. 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. 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. It is advised that anyone who has been accused of this crime seek the assistance of a practiced criminal defense in order, in order to decrease the chances of getting stuck with the harshest tentative punishments. "@type": "PostalAddress", 70-63; s. 732, ch. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. The journals or printed bills of the respective chambers should be consulted for official purposes. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. 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. 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. 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. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. 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). 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. 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. I understand that submission of an online form does not constitute an attorneyclient relationship.
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