Schedule. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. 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. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. 561-832-4348. The victim identified the wrong defendant, i.e., you have an alibi. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. Our team is commited to your best outcome. 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. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. "Friday", 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. 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 The incident happened at Matanzas High School in Palm Coast, Florida. Web(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Contacting us does not create an attorney-client relationship. This is due to the severity of the crime and potential sentences imposed. The penalties You were in fear of your life The information you obtain at this site is not, nor is it intended to be, legal advice.You should consult an attorney for advice regarding your individual situation. People charged with aggravated battery face up to 30 years behind bars. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. Aggravated assault is a third-degree felony under Florida Statute 784.011. "Thursday", 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. The state of Florida has two classifications regarding assault a felony and a misdemeanor. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. Any crime that involves a physical attack is defined as an assault. 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. All Rights Reserved. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. With compassion and confidence, they zealously represent their clients. Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. 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. 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. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). Great bodily harm or permanent harm. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. }, 1005 N. Marion St.
"addressLocality": "Bradenton", Call (561) 832-4348 or visit his website. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. Tampa, FL 33602
Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. Under Florida law, a battery charge can be a misdemeanor or felony offense. Depa is being held in jail on a $1 million bond. 3. "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. "dayOfWeek": [ 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. 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. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. They are then responsible for appearing at all court dates until the case is resolved. Easy. This kind of fervor is not seen every day. knew or should have known the victim was pregnant. 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. Firearm possessed during incident Minimum term of 10 years imprisonment Nothing on this site should be taken as legal advice for any individual case or situation. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Having the early help of a criminal attorney can help you prepare a strong legal defense. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. I understand that submission of an online form does not constitute an attorneyclient relationship. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. "streetAddress": "915 1st Ave N", 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 Bradenton, FL 34205 Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. That person committed an assault. 71-136; s. 20, ch. The next step is to appear at a hearing called the first appearance hearing. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. 1. 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. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Florida Criminal Lawyer. Battery on a Law Enforcement Officer under Florida Law. When the aggravated battery is committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01, the aggravated battery is ranked one level above the ranking under s. 921.0022 for the offense committed. "name": "Goldman Wetzel", Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. 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). This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. 2013 - 2023 Sammis Law Firm P.A. "telephone": "(727) 828-3900" Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. 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. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. Our attorneys handle cases throughout Northeast and Central Florida. 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. Contact us for a free consultation. 2021-6. WebSimple assault is a second-degree misdemeanor. "postalCode": "33607", 784.021 Aggravated assault.. (727) 828-3900, 1023 Manatee Ave W You did not know your action would result in bodily harm or disability However, the quality of the service you receive can vary drastically. 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. 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. 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. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. and you also find beyond a reasonable doubt that during the commission of the crime the defendant committed an aggravated battery, you should find the defendant guilty of (felony) with an aggravated battery. 74-383; s. 10, ch. A felony conviction can seriously impact your life. Call us to schedule a time to talk with the attorneys in the office or over the phone. 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. Related Resource: Difference Between Assault and Battery in Florida. 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. 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 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. Statutes, Video Broadcast
There are certain requirements the prosecution must meet in order to attain a legitimate guilty We would be honored to welcome you to our family and be able to see you through this dire time in your life. "telephone": "(813) 391-8051" Stat.) The assault charges will depend on the situation. 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. 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. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. 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. 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. Fax: 813.276.1600, Sammis Law Firm
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. 784.045(2), Fla. Stat. Contact us to talk with a criminal defense attorney to discuss your case today. Get Directions. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. 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. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. 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. 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. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. 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. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. 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. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. 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 A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. Committing battery in furtherance of a riot also constitutes felony battery. The law is constantly changing and evolving. 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. Ronald S. Chapman, P.A. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. There are various types of assault battery, simple assault, and aggravated assault. What Is the Bond for Aggravated Battery? Aggravated assault happens when a simple assault transforms into a more severe act of violence. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. Alibi A victim of Aggravated Battery on W Commercial Blvd. "addressCountry": "United States", 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. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. Finding the right attorney is an important decision.