Defense of others Get a Free Case Evaluation 88-344; s. 7, ch. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. 74-383; s. 10, ch. Your consultation with us will be free and classified. All Rights Reserved. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). (Fla. Stat. We respect your privacy. 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. "https://www.facebook.com/goldmanwetzel/", West Palm Beach, FL 33401 Contact us for a free consultation. Contact him today to begin to discuss your case. "opens": "00:00", 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. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. This article was last updated on Friday, January 14, 2022. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. 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. 915 1st Ave N 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. You did not know your action would result in bodily harm or disability The average total bail amounts for different categories of crimes depend on various factors. 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. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. "closes": "23:59" 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. 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). Our team is commited to your best outcome. Florida Criminal Lawyer. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. Call Musca Law today at 888-484-5057 to schedule an appointment. 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. To learn more about the bail bondsprocess, contact us today. 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. Aggravated and felony penalties apply when the harm or possible harm increases. 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. Causing permanent disability or disfigurement. 3. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. Everyone here at Parikh Law, P.A. (727) 828-3900, 1023 Manatee Ave W No intent to cause great bodily harm, disfigurement, etc. 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 Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. 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. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. Web2. Penalties for the offense include "streetAddress": "3030 N Rocky Point Dr, Suite 150", { Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. All Rights Reserved. Uses a deadly weapon; or 3. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. 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 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. Contact us to talk with a criminal defense attorney to discuss your case today. LocationJacksonvilleOrlando Learn more about the attorney's qualifications and experience in fighting criminal cases. Start here to find criminal defense lawyers near you. Finding the right attorney is an important decision. If a person commits this crime with a 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. In short, an aggravated battery is a more severe form of battery. 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. WebFlorida uses minimum statutory sentences. 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. Javascript must be enabled for site search. "telephone": "(813) 391-8051" If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. We would be honored to welcome you to our family and be able to see you through this dire time in your life. "Friday", 561-832-4348. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. Call us to schedule a time to talk with the attorneys in the office or over the phone. 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. Sitemap. "@context": "http://www.schema.org", 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. In Florida, the maximum penalties for aggravated battery include: 15 years WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. In certain circumstances, a felony conviction also can result in the loss of a professional license. Get a Free Consultation Call Us - Available 24/7. Enhanced penalties apply for assault or battery against a vulnerable victim. 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. 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 use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. 2023 All Rights Reserved. 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. Uses a deadly weapon; or. 784.045(2), Fla. Stat. 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. USA TODAY is not naming the student because the teen is a minor. The defenses for these types of offenses will vary depending on the circumstances of each case. Committing battery in furtherance of a riot also constitutes felony battery. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. The object used during the incident does not meet the states definition of a deadly weapon. Battery Reclassified as a Felony Because of a Prior Conviction. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Committee Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. Using a deadly weapon while committing the offense. 71-136; s. 20, ch. 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. They are then responsible for appearing at all court dates until the case is resolved. "telephone": "(727) 828-3900" Alibi 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. 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. Web2. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. { Riots. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. "name": "Goldman Wetzel", You should not rely on this information when making decisions about your case. The standard jury instruction under Chapter3.3(c) applies to cases with an aggravation of a felony by committing an aggravated battery as provided in Section 775.087(1), Fla. Stat. 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. }, 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 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 Looking forward to speaking with you soon. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. "telephone": "(941) 405-5193" Quick. }, "@type": "OpeningHoursSpecification", Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily 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. Uses a deadly weapon. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. 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 default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. Statutes, Video Broadcast What Is the Bond for Aggravated Battery? Additionally, this could include a death. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. Tampa, FL 33602 Unlike battery, assault does not imply bodily harm or physical contact to the victim. Great bodily harm or permanent harm. "Saturday", The state of Florida has a bond schedule, set for the different categories of offenses. ], Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. 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. We update the information on this website periodically, but the information on this site should not be used as legal advice for your personal problem. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. Home Assault and Battery Aggravated Battery, Tell us about your case. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. WebFlorida Statutes section 784.045 provides that someone commits aggravated battery when they commit battery by actually and intentionally striking or touching another person against the person's will, and also they knowingly or intentionally cause great bodily harm, permanent disfigurement, or permanent disability. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. 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. 2013 - 2023 Sammis Law Firm P.A. Related Resource: Difference Between Assault and Battery in Florida. Drop us a line today and schedule a confidential consultation today. Florida Charges for Aggravated Battery on a Pregnant Female. A mandatory minimum sentence Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. 200 E Robinson Suite 1140Orlando, FL 32801. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. Disclaimer: The information on this system is unverified. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Under Florida law, a battery charge can be a misdemeanor or felony offense. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. Before you decide, schedule an appointment to meet directly with the attorney. Under Florida law, Aggravated Battery is generally classified as a second degree felony. Suite 309 "addressLocality": "St. Petersburg", 3d 597, 598-99 (Fla. 4th DCA 2011). WebAggravated battery charges result in more severe penalties than battery. There are various types of assault battery, simple assault, and aggravated assault. ", (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. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. The name of the jail where the friend or family member is being held in custody. First and foremost, Attorney Parikh was able to gain invaluable knowledge during his time at the Office of the State Attorney as to how exactly prosecutors approach aggravated battery cases. *. There are certain requirements the prosecution must meet in order to attain a legitimate guilty 784.08(2)(a). "addressLocality": "Bradenton", The contact you made with the alleged victim was accidental, not intentional. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. 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. 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. Call (561) 832-4348 or visit his website. 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. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. } If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. Aggravated Battery, as defined in 784.045, Florida Statutes 4. Your Message Has been Successfully Sent. 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. Protected victims. 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. Schedule. 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. 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. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. Felony battery (F.S. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or Since your whole future is at stake if you are currently being accused of aggravated battery, it is in your best interest to retain the services of a criminal defense attorney who has what it takes to defend your rights. 1005 N. Marion St. See Knowles v. State, 65 So. Aggravated assault happens when a simple assault transforms into a more severe act of violence. Statutes: FS 784.011 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 The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. 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.
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