This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. 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. "addressRegion": "FL", Committing battery in furtherance of a riot also constitutes felony battery. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Minimum sentences may also apply. Non-consensual contact of a sexual nature using any object also qualifies for this charge. 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. "addressLocality": "Bradenton", Web2. Even though you are an intelligent individual, matters of criminal defense may be far beyond your scope of experience, which does not fare well for you if you are being accused of a charge as serious as aggravated battery. 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. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. 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 "addressRegion": "FL", Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. 2. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. This is due to the severity of the crime and potential sentences imposed. 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. The next step is to appear at a hearing called the first appearance hearing. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. 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. 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. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. You did not know your action would result in bodily harm or disability The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. { Having the early help of a criminal attorney can help you prepare a strong legal defense. For instance, if the person is charged with a simple assault, the penalties can be up to 6 months in probation, 60 days in jail, and/or a $500 fine. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Penalties for the offense include 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. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 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. As you review the penalties below, here are some of the terms you'll encounter and their meanings. 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. This article was last updated on Friday, January 14, 2022. At Parikh Law, P.A., we remain dedicated to helping people just like you. Get Directions. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. 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 1005 N. Marion St. Aggravated Battery, as defined in 784.045, Florida Statutes 4. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. 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. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to Aggravated Assault, as defined in 784.021, Florida Statutes 3. To learn more about the process to obtain an aggravated battery bail bond, contact us today. Aggravated battery occurs if the offender: A conviction for aggravated battery carries second-degree felony penalties of up to 15 years in prison and a $10,000 fine. Ronald S. Chapman, P.A. We would be honored to welcome you to our family and be able to see you through this dire time in your life. 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. 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. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. 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 and battery and felony battery charges typically apply in those offenses that involve a weapon, increased harm to a victim, or vulnerable victims. The student is being charged as an adult and is being held on $1 million bond. (Fla. Stat. b. used a deadly weapon, which is a weapon that was used or threatened to be used in a manner likely to cause great bodily harm or death. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. If you need immediate help, call 321-558-2704. Aggravated battery is an offense that they will be particularly adamant about. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. "closes": "23:59" Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. 74-383; s. 10, ch. 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. }, A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. Brendan Depa, who allegedly assaulted Joan Naydich, 57, after she took away his video game, is facing one count of aggravated battery of a school board official, a first-degree felony in Florida punishable by up to thirty years in prison. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. Great bodily harm or permanent harm. The victim identified the wrong defendant, i.e., you have an alibi. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. All Rights Reserved, 2632 NW. Everyone here at Parikh Law, P.A. No intent to cause great bodily harm, disfigurement, etc. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. "https://www.facebook.com/goldmanwetzel/", Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). 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. 2016 - 2023 Law Office of Glenn M. Swiatek. 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. 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. You were in fear of your life 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. Since there is not a clear definition of what a deadly weapon is, you should speak to a battery attorney so they can examine the circumstances of your case. "Saturday", 915 1st Ave N The victim was at the time over 65 years of age. (b) With an intent to commit a felony. 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. We respect your privacy. There are certain requirements the prosecution must meet in order to attain a legitimate guilty Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. surrounding areas nearby on Florida's Panhandle. (888) 727-4652, 2020 Goldman Wetzel, PLLC. Florida Charges for Aggravated Battery on a Pregnant Female. Our attorneys handle cases throughout Northeast and Central Florida. WebAggravated battery is a second-degree felony in the state of Florida. There was no specific intent to cause the level of injury that incurred. 2021-6. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. 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. 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. Felony battery (F.S. "postalCode": "34205", You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. The incident happened at Matanzas High School in Palm Coast, Florida. In fact, he began his legal career as a prosecutor for Orange County, Florida. 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 Defendant intentionally caused bodily harm to the alleged victim. (941) 405-5193, 3030 N. Rocky Point Dr 88-344; s. 7, ch. Try again later. If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony 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. 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.. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. 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. 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. The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. Furthermore, Mr. Parikh could have simply ridden out his legal career as a prosecutor, but he chose, to pursue criminal defense. 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. See Knowles v. State, 65 So. 71-136; s. 20, ch. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. Court documents obtained by Fox News Digital 2021-6. 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. "postalCode": "33607", Some tentative defenses to aggravated battery charges include: The consequences that could stem from this second-degree felony can impact your present, as well as your future. The state of Florida has a bond schedule, set for the different categories of offenses. ", Consent or mutual contact Disclaimer: The information on this system is unverified. If you are facing criminal charges in Florida, Ronald Chapman can help. ], 75-298; s. 3, ch. 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. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. 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. Most people do not have access to the resources that prosecutors have. Battery on a Law Enforcement Officer under Florida Law. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. 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. 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. "address": [ Let us put our experience to work for you. Web2. Aggravated battery charges result in more severe penalties than battery. You had no way of knowing the alleged victim was pregnant. 2nd LocationJacksonvilleOrlando 70-63; s. 732, ch. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", "https://twitter.com/goldmanwetzel" This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. Teen in Vicious Attack on Florida Teacher's Aide to Be Charged as Adult, Given $1M Bond The teen was arrested on a felony aggravated battery with bodily harm 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. Quick. "addressLocality": "St. Petersburg", 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. WebA person can commit the crime of aggravated battery in one of three ways in Florida. 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. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. The journals or printed bills of the respective chambers should be consulted for official purposes. 561-832-4348. Home Assault and Battery Aggravated Battery, Tell us about your case. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Committee Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. *. Home Violent Crimes Battery and Aggravated Battery.