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. If a person commits this crime with a Nothing on this site should be taken as legal advice for any individual case or situation. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. 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. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. 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. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. Enhanced penalties apply for assault or battery against a vulnerable victim. Disclaimer: The information on this system is unverified. We respect your privacy. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Uses a deadly weapon; or. In certain circumstances, a felony conviction also can result in the loss of a professional license. Aggravated assault is a third-degree felony under Florida Statute 784.011. The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. 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. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. The law is constantly changing and evolving. 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. A mandatory minimum sentence Contact us to talk with a criminal defense attorney to discuss your case today. "addressLocality": "Bradenton", The aggravated assault can also be classified as domestic violence toward a family member, or another relative. Office: 813.250.0500 Battery offense implies that the defendant made physical contact with the victim. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. Depa is being held in jail on a $1 million bond. Send us a Message to Book Your Free, No-Obligation Consultation Now. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. As you review the penalties below, here are some of the terms you'll encounter and their meanings. "Thursday", 2023 All Rights Reserved. I understand that submission of an online form does not constitute an attorneyclient relationship. 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.. "Friday", The information you provide will be used to answer your questions or to schedule an appointment if requested. 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. | Privacy Policy | Disclaimer Sexual battery may also be known as rape or sexual assault. "@type": "OpeningHoursSpecification", Contact him today to begin to discuss your case. WebFelony battery is a simple battery enhanced by causing injury to the victim. 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. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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 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. People charged with aggravated battery face up to 30 years behind bars. Our team is commited to your best outcome. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. 784.021 Aggravated assault.. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. 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. 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. 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. Minimum sentences may also apply. 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. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. { Contact him today to begin to discuss your case. Non-consensual contact of a sexual nature using any object also qualifies for this charge. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Copyright 2020 Roundtree Bonding. WebAggravated battery on a pregnant woman is a second-degree felony, punishable by up to fifteen years in prison and up to $10,000 in fines. 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. 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. Sentence for Aggravated Battery with a Deadly Weapon. "streetAddress": "1023 Manatee Ave W, Suite 309", 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. You were in fear of your life Drop us a line today and schedule a confidential consultation today. "@context": "http://www.schema.org", If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. "opens": "00:00", At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. Uses a deadly weapon. The name of the jail where the friend or family member is being held in custody. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. Javascript must be enabled for site search. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. David Robert Andrus, 41, of Summerfield, was at the wheel of the silver Chevy pickup shortly before 9 p.m. Sunday on State Road 25 near Eagles Nest Road when a Fruitland Park police officer noticed the If a person who was the victim of a battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant, then the offender may be guilty of the crime of aggravated battery. { Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. "addressLocality": "Tampa", All Rights Reserved, 2632 NW. Quick. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. 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. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. 75-298; s. 3, ch. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Battery Reclassified as a Felony Because of a Prior Conviction. "addressCountry": "United States", Tampa, FL 33607 If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. Felony battery (F.S. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. Unlike battery, assault does not imply bodily harm or physical contact to the victim. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. Consent or mutual contact Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. Using a deadly weapon (a weapon used Charged with a Serious Offense? Aggravated Battery on Person 65 or Older. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. West Palm Beach, FL 33401 Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Call Musca Law today at 888-484-5057 to schedule an appointment. 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. 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. b. intentionally caused bodily harm to the victim. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. 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. Firearm discharged during incident 20 years imprisonment We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. "Monday", An aggravated battery is generally classified as a second degree felony. 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 default bonds for misdemeanors are: 1st-degree misdemeanor $500. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. There are various types of assault battery, simple assault, and aggravated assault. Life parole is Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Most people do not have access to the resources that prosecutors have. (941) 405-5193, 3030 N. Rocky Point Dr This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. There are certain requirements the prosecution must meet in order to attain a legitimate guilty }, 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. Before you decide, schedule an appointment to meet directly with the attorney. That person committed an assault. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. 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. If youve been arrested on charges of assault in Florida, you can hire a local bail bondsman to post bond on your behalf for a nonrefundable fee that is equal to 10% of the total bail amount. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. Alibi 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). "addressLocality": "St. Petersburg", In short, an aggravated battery is a more severe form of battery. 71-136; s. 20, ch. 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. 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. 915 1st Ave N (888) 727-4652, 2020 Goldman Wetzel, PLLC. Additionally, this could include a death. 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. Fax: 813.276.1600, Sammis Law Firm The incident happened at Matanzas High School in Palm Coast, Florida. You had no way of knowing the alleged victim was pregnant. Domestic battery by strangulation. 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. 74-383; s. 10, ch. The victim identified the wrong defendant, i.e., you have an alibi. 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. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. ], 70-63; s. 732, ch. 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. 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. Web2. Copyrights 2022. 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. 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. knew or should have known the victim was pregnant. } Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. With compassion and confidence, they zealously represent their clients. Florida Criminal Lawyer. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. 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. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. Under Florida law, Aggravated Battery is generally classified as a second degree felony. 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 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. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. 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. 784.045(2), Fla. Stat. Aggravated battery charges result in more severe penalties than battery. 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. Below, you'll find explanations of terms used in the laws for assault and battery. The journals or printed bills of the respective chambers should be consulted for official purposes. Web2. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. "addressCountry": "United States", 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. The state of Florida has two classifications regarding assault a felony and a misdemeanor. 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. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, 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. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. 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. This article was last updated on Friday, January 14, 2022. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. Please leave this field empty. 1. Aggravated battery must be proven beyond a reasonable doubt that the defendant intentionally struck the victim and intentionally caused bodily harm or permanent disability while committing battery. "telephone": "(941) 405-5193" It is important to notice that a deadly weapon is not necessarily restricted to a firearm. He is currently WebFlorida uses minimum statutory sentences. Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). (727) 828-3900, 1023 Manatee Ave W Securing professional licenses and/or certifications. "addressRegion": "FL", The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", A second or subsequent battery offense (including simple battery) results in felony battery charges. Committing battery in furtherance of a riot also constitutes felony battery. Causing permanent disability or disfigurement. 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. 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. Start here to find criminal defense lawyers near you. In some states, the information on this website may be considered a lawyer referral service. Everyone here at Parikh Law, P.A. The state of Florida has a bond schedule, set for the different categories of offenses. Penalties for the offense include WebAggravated battery is a second-degree felony in the state of Florida. "@type": "PostalAddress", A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. Ronald S. Chapman, P.A. In fact, he began his legal career as a prosecutor for Orange County, Florida. 784.08(2)(a). 71-136; s. 20, ch. }, 2016 - 2023 Law Office of Glenn M. Swiatek. "closes": "23:59" 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). To all of us, you will never just be a faceless client, but rather a part of our family, that we are determined to protect in every way we can. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. 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. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. He is currently being held on a $1 million bond according to The Daily Mail. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. 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. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. "Wednesday", Defense of others 400 Clematis St. Suite 206,West Palm Beach, FL 33401. "https://www.goldmanwetzel.com", 2021-6. 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. Sitemap. Under the law, Aggravated Battery occurs where a defendant intentionally touches or strikes another person and, in doing so: To prove the crime of Aggravated Battery at trial, the prosecution must establish the following two elements beyond a reasonable doubt: For purposes of an Aggravated Battery prosecution, a weapon is considered a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. Let us put our experience to work for you. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. 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. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes.