Aggravated Battery Under Florida Statute 784.03, the offense of Battery (often called simple battery) requires that the prosecutor prove the following elements beyond a reasonable doubt: The crime of simple battery is charged as a first degree misdemeanor punishable by up to 12 months in jail. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. (727) 828-3900, 1023 Manatee Ave W 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. UNIFORM BOND SCHEDULE - Florida Courts Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. 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. (941) 405-5193, 3030 N. Rocky Point Dr What Constitutes Sexual Battery in Florida Teen in Vicious Attack on Florida Teacher's Aide to Be Charged as "Saturday", 88-344; s. 7, ch. b. intentionally caused bodily harm to the victim. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. Florida The object used during the incident does not meet the states definition of a deadly weapon. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. 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. 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. Contact him today to begin to discuss your case. 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. Confidential or time-sensitive information should not be sent through this website. Let us put our experience to work for you. 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. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. "openingHoursSpecification": { Suite 150 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. 2013 - 2023 Sammis Law Firm P.A. The information you provide will be used to answer your questions or to schedule an appointment if requested. Because of this, he is able to form strategies for his clients defenses that will be the most effective. 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. 1005 N. Marion St. 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.. The incident happened at Matanzas High School in Palm Coast, Florida. Aggravated assault happens when a simple assault transforms into a more severe act of violence. No intent to cause great bodily harm, disfigurement, etc. Given the severity of the offense, an aggravated battery can result in severe punishments. Aggravated Battery- Florida | Definition, Penalties, Defenses There are various types of assault battery, simple assault, and aggravated assault. 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). Please leave this field empty. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. WebFelony battery is a simple battery enhanced by causing injury to the victim. The victim was at the time over 65 years of age. "https://www.facebook.com/goldmanwetzel/", If a person commits this crime with a And for more information on simple assault and battery, see Simple Assault and Battery in Florida. 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. This website is maintained by Jason D. Sammis and Leslie M. Sammis. However, the quality of the service you receive can vary drastically. Aggravated and felony penalties apply when the harm or possible harm increases. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 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 Florida | Parikh Law, P.A. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. There was no specific intent to cause the level of injury that incurred. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. Florida As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. Get a Free Consultation Call Us - Available 24/7. "addressLocality": "Tampa", 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. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. For example, pointing a handgun at another person to scare them is considered aggravated assault. Besides these ramifications, being convicted guilty would be permanent on your record. Aggravated Battery with a Firearm is technically the same offense as Aggravated Battery with a Deadly Weapon. This offense occurs "@type": "OpeningHoursSpecification", is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. 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 Aggravated Battery - Chapman Criminal Defense Firm 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 Aggravated assault is a third-degree felony under Florida Statute 784.011. 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. The state of Florida has two classifications regarding assault a felony and a misdemeanor. 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. I understand that submission of an online form does not constitute an attorneyclient relationship. 561-832-4348. Aggravated Battery 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. While committing the battery the person intentionally or knowingly caused great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim, or used a deadly weapon. Your consultation with us will be free and classified. Skip to Navigation | Skip to Main Content | Skip to Site Map. "Friday", You had no way of knowing the alleged victim was pregnant. A mandatory minimum sentence The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. 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. We respect your privacy. Simple Battery a first-degree misdemeanor; Battery on a Law Enforcement Officer (LEO); Felony Battery a third-degree felony under Florida Statute Section 784.041; Aggravated Battery with a Deadly Weapon Florida Statute Section 784.045(1)(a)(1); The Defendant intentionally struck or touched the alleged victim against the will of the alleged victim; and. Bloomington man receives bond after being held on battery charges Florida After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. "telephone": "(727) 828-3900" The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. Office: 813.250.0500 Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (888) 727-4652, 2020 Goldman Wetzel, PLLC. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. WebThe 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. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. 200 E Robinson Suite 1140Orlando, FL 32801. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. The Defendant intentionally caused bodily harm to the alleged victim. Learn more about the attorney's qualifications and experience in fighting criminal cases. 2. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. 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. Call us to schedule a time to talk with the attorneys in the office or over the phone. Causing permanent disability or disfigurement. Suite 309 Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. Try again later. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. 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. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. West Palm Beach, FL 33401 What Is the Bond for Aggravated Battery? "@type": "PostalAddress", The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. Lack of intent "Thursday", WebFlorida uses minimum statutory sentences. Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. 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. Aggravated battery is a more severe version of a simple battery and is a 3rd-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. Firearm discharged during incident 20 years imprisonment "postalCode": "33607", USA TODAY is not naming the student because the teen is a minor. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. The maximum sentence is life in prison with $10,00 in fines. bond Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", 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. He is currently being held on a $1 million bond according to The Daily Mail. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. The average total bail amounts for different categories of crimes depend on various factors. Contact us to talk with a criminal defense attorney to discuss your case today. Bond agents in Florida are there to help you through the process and post bond on your behalf. 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 WebDefinition of Aggravated Battery on a Pregnant Woman Florida Statute 784.045(2)(b) Under FSS 784.045(2)(b), 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. 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. Additionally, this could include a death. 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. Felony battery (F.S. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation 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. Battery It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. Florida { A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. In some states, the information on this website may be considered a lawyer referral service. Securing professional licenses and/or certifications. Uses a deadly weapon; or 3. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. If there is a lack of evidence (e.g., no proof that a deadly weapon was used), we will bring that to light and try to get the case thrown out. (b) With an intent to commit a felony. 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. Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. Finding the right attorney is an important decision. 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. Our team is commited to your best outcome. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Aggravated Battery Defense Lawyer Orlando : Moses & Rooth Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. 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. 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. This type of assault can occur with a deadly weapon, like a rock, firearm, knife, etc. 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. Confidential. 915 1st Ave N 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. You were in fear of your life ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Court documents obtained by Fox News Digital For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. 784.08(2)(a). Aggravated Battery Causing Deadly Harm Sentence for Aggravated Battery with a Deadly Weapon. "postalCode": "33705", Permanent disfigurement refers to an alteration of the physical body, such as a visible scar, loss of a limb, or a broken bone that alters one's physical appearance. *. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery. "opens": "00:00", The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Looking forward to speaking with you soon. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Depa is being held in jail on a $1 million bond. Florida Aggravated Assault and Battery Laws

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