784.021 Aggravated assault.. Committing battery in furtherance of a riot also constitutes felony battery. A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. 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. Tampa, FL 33607 Get a Free Case Evaluation 2. 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.. 2021-6. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. 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. The information on this website is for general information purposes only. A victim of Aggravated Battery on W Commercial Blvd. 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. 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. 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. { However, the quality of the service you receive can vary drastically. }, Call us to schedule a time to talk with the attorneys in the office or over the phone. WebWhat is the legal definition of Aggravated Battery? 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. "sameAs": [ A second or subsequent battery offense (including simple battery) results in felony battery charges. The penalties A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. The victim was at the time over 65 years of age. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. "addressRegion": "FL", 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. 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. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. 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. Aggravated battery charges result in more severe penalties than battery. ", To learn more about the bail bondsprocess, contact us today. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. 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 total bail amount for a felony is higher than the total bail amount for a misdemeanor. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or 71-136; s. 20, ch. Schedule. "streetAddress": "3030 N Rocky Point Dr, Suite 150", There are various types of assault battery, simple assault, and aggravated assault. "dayOfWeek": [ The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. 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. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. "Monday", 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. 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. "https://twitter.com/goldmanwetzel" Aggravated Assault, as defined in 784.021, Florida Statutes 3. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. Under Florida law, Aggravated Battery is generally classified as a second degree felony. 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. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. In order to be considered an aggravated battery, it should be proven that the defendant knew or should have known that the victim was pregnant at the time of the offense. Consent or mutual contact The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. Battering a pregnant woman. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense "addressCountry": "United States", "@type": "PostalAddress", "Tuesday", 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. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. This article was last updated on Friday, January 14, 2022. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, In fact, he began his legal career as a prosecutor for Orange County, Florida. 74-383; s. 10, ch. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. He is currently being held on a $1 million bond according to The Daily Mail. A mandatory minimum sentence He is currently 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. 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. 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. "closes": "23:59" In certain circumstances, a felony conviction also can result in the loss of a professional license. Aggravated Battery. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. People charged with aggravated battery face up to 30 years behind bars. Suite 309 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. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 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. WebAggravated battery charges result in more severe penalties than battery. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. A felony conviction can seriously impact your life. Publications, Help Searching Defense of others Felony battery (F.S. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. 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. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. Florida Criminal Lawyer. 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. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. 400 Clematis Street, Suite 206 Given the severity of the offense, an aggravated battery can result in severe punishments. 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. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, Our attorneys handle cases throughout Northeast and Central Florida. 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. Bond agents in Florida are there to help you through the process and post bond on your behalf. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. WebAggravated battery is an offense that they will be particularly adamant about. Before you decide, schedule an appointment to meet directly with the attorney. Web2. Causing permanent disability or disfigurement. Call (561) 832-4348 or visit his website. 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. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Confidential or time-sensitive information should not be sent through this website. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. 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. If you are facing criminal charges in Florida, Ronald Chapman can help. Contact us for a free consultation. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. 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. 2016 - 2023 Law Office of Glenn M. Swiatek. 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. Florida Charges for Aggravated Battery on a Pregnant Female. Non-consensual contact of a sexual nature using any object also qualifies for this charge. Furthermore, Mr. Parikh could have simply ridden out his legal career as a prosecutor, but he chose, to pursue criminal defense. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. 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. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. Battery on a Law Enforcement Officer under Florida Law. Besides these ramifications, being convicted guilty would be permanent on your record. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. 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. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Related Resource: Difference Between Assault and Battery in Florida. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. 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. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. In some states, the information on this website may be considered a lawyer referral service. Domestic battery by strangulation. WebFlorida uses minimum statutory sentences. Web2. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. The contact you made with the alleged victim was accidental, not intentional. 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. USA TODAY is not naming the student because the teen is a minor. WebSimple assault is a second-degree misdemeanor. Your Message Has been Successfully Sent. "openingHoursSpecification": { Aggravated Battery, as defined in 784.045, Florida Statutes 4. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. 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. Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. We would be honored to welcome you to our family and be able to see you through this dire time in your life. St. Petersburg, FL 33705 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. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. 75-298; s. 3, ch. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. Each aggravated battery case is different. If someone batters a family or household member or dating partner by impeding their normal breathing or blood circulation and creating a risk of great bodily harm, the offender is guilty of domestic battery by strangulation. Under Florida law, a battery charge can be a misdemeanor or felony offense. Learn more about the attorney's qualifications and experience in fighting criminal cases. 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. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida.