The state of Florida has two classifications regarding assault a felony and a misdemeanor. Schedule your FREE Consultation! 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. "addressRegion": "FL", This kind of fervor is not seen every day. 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. 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 The attorney listings on this site are paid attorney advertising. WebAggravated battery is an offense that they will be particularly adamant about. 784.045(2), Fla. Stat. WebFlorida uses minimum statutory sentences. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. Sitemap. Everyone here at Parikh Law, P.A. If you need immediate help, call 321-558-2704. 2nd Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. Get a Free Case Evaluation Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. "closes": "23:59" If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. In Florida, the maximum penalties for aggravated battery include: 15 years 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. Copyrights 2022. 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. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Florida Charges for Aggravated Battery on a Pregnant Female. "url": "https://www.goldmanwetzel.com", "opens": "00:00", 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. "addressRegion": "FL", Committee There are certain requirements the prosecution must meet in order to attain a legitimate guilty 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 If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. "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. 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. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. Battering a person who was known to be pregnant. "streetAddress": "3030 N Rocky Point Dr, Suite 150", The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. Our team is commited to your best outcome. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. In building his firm, Attorney Parikh has hired a staff that shares his passion for helping those who have had criminal accusations brought against them. 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. 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. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. In certain circumstances, a felony conviction also can result in the loss of a professional license. Florida Criminal Lawyer. I understand that submission of an online form does not constitute an attorneyclient relationship. Javascript must be enabled for site search. Battery Reclassified as a Felony Because of a Prior Conviction. Florida Statute Section 784.03(2) might cause a simple misdemeanor battery to be reclassified as a felony because of a prior conviction for battery, aggravated battery, or felony battery. 784.03(2), Fla. Stat. 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. The law is constantly changing and evolving. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. Related Resource: Difference Between Assault and Battery in Florida. He is currently being held on a $1 million bond according to The Daily Mail. Web2. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. Semi-automatic weapon or machine gun possessed 15 years imprisonment 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. "addressLocality": "Bradenton", "https://twitter.com/goldmanwetzel" Contact him today to begin to discuss your case. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. This offense occurs 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, Call Musca Law today at 888-484-5057 to schedule an appointment. 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. ", (941) 405-5193, 3030 N. Rocky Point Dr The different types of battery charges in Florida can include: The penalties and punishments depend on the way the offense was charged and whether the person accused has any prior criminal record. The student is being charged as an adult and is being held on $1 million bond. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. 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. Home Assault and Battery Aggravated Battery, Tell us about your case. 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. Ronald S. Chapman, P.A. (b) With an intent to commit a felony. With compassion and confidence, they zealously represent their clients. WebView Entire Chapter. "Wednesday", If you are facing criminal charges in Florida, Ronald Chapman can help. Under Florida law, Aggravated Battery is generally classified as a second degree felony. Any crime that involves a physical attack is defined as an assault. 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. 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. 2021-6. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. Your consultation with us will be free and classified. { Attorney Parikh has not always been in private practice. 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. A mandatory minimum sentence Tampa, FL 33607 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. Instruction 8.4 of the Florida Standard Criminal Jury Instructions, as summarized below, provides that to prove the crime of aggravated battery, the State must prove the following two elements beyond a reasonable doubt. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. Protected victims. 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). 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. 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. 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. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Suite 150 Lack of intent 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. Non-consensual contact of a sexual nature using any object also qualifies for this charge. 1005 N. Marion St. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. The defendant knew or should have known that the victim was pregnant at the time the battery was committed. ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. Firearm possessed during incident Minimum term of 10 years imprisonment "https://www.facebook.com/goldmanwetzel/", He is currently 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. An aggravated battery is generally classified as a second degree felony. 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. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. Suite 309 WebSimple assault is a second-degree misdemeanor. Sexual battery may also be known as rape or sexual assault. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. 88-344; s. 7, ch. Felony battery (F.S. You had no way of knowing the alleged victim was pregnant. No intent to cause great bodily harm, disfigurement, etc. As a result, Parikh Law, P.A. 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. That person committed an assault. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. 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. Firearm discharged during incident 20 years imprisonment "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", The victim was at the time over 65 years of age. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. 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. The victim was pregnant at the time of the battery; and. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. The defenses for these types of offenses will vary depending on the circumstances of each case. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. 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. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. A second or subsequent battery offense (including simple battery) results in felony battery charges. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. The Defendant intentionally caused bodily harm to the alleged victim. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. A deadly weapon is any object that will likely cause death or great bodily harm if used or threatened to be used in the ordinary and usual manner contemplated by its design and construction. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Penalties for the offense include Aggravated assault is a third-degree felony under Florida Statute 784.011. Stat.) The total bail amount for a felony is higher than the total bail amount for a misdemeanor. If a person, while committing the crime of battery : 1. Get Directions. 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. In Florida, the maximum penalties for aggravated battery include: If the offense was committed on a law enforcement officer, the charge can be elevated to a first-degree felony. In short, an aggravated battery is a more severe form of battery. 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. 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. 75-298; s. 3, ch. Learn more about the attorney's qualifications and experience in fighting criminal cases. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. 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. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. As you review the penalties below, here are some of the terms you'll encounter and their meanings. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. 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. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. "postalCode": "33705", Each aggravated battery case is different. A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. 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. A victim of Aggravated Battery on W Commercial Blvd. b. intentionally caused bodily harm to the victim. 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. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", The contact you made with the alleged victim was accidental, not intentional. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. 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 name of the jail where the friend or family member is being held in custody. If the assault escalates to a 3rd-degree felony, its considered an aggravated assault and the total bail amount can be set in the $10,000 range. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. 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 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 object used during the incident does not meet the states definition of a deadly weapon. Fax: 813.276.1600, Sammis Law Firm Unlike battery, assault does not imply bodily harm or physical contact to the victim. 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. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. Copyright 2000- 2023 State of Florida. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. Alibi 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. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery. 71-136; s. 20, ch. 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. The victim identified the wrong defendant, i.e., you have an alibi. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. Please leave this field empty. Aggravated Battery, as defined in 784.045, Florida Statutes 4. The information you provide will be used to answer your questions or to schedule an appointment if requested. He is currently being held on a $1 million bond according to The Daily Mail. In some states, the information on this website may be considered a lawyer referral service. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a Under Florida law, a battery charge can be a misdemeanor or felony offense. "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. Most people do not have access to the resources that prosecutors have. "openingHoursSpecification": { To learn more about the process to obtain an aggravated battery bail bond, contact us today. (727) 828-3900, 1023 Manatee Ave W The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. A 17-year-old high school student is facing felony assault charges after video showed him attacking a school employee who took away his Nintendo Switch 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. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. People charged with aggravated battery face up to 30 years behind bars. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. (2) A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 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. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. WebAggravated battery charges result in more severe penalties than battery. Now, you may read that and think, Why would I hire someone who worked for the State, but it is important to understand the advantages of having an attorney who has had previous experience on the other side of the negotiating table. Minimum sentences may also apply. "dayOfWeek": [ Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. Using a deadly weapon (a weapon used Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. Contact him today to begin to discuss your case. "sameAs": [ 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. You were in fear of your life The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. 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. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. You should not rely on this information when making decisions about your case. 70-63; s. 732, ch. and you also find beyond a reasonable doubt that during the commission of the crime the defendant committed an aggravated battery, you should find the defendant guilty of (felony) with an aggravated battery.

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