Tampa, FL 33602 A mandatory minimum sentence 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. Home Violent Crimes Battery and Aggravated Battery. You should not rely on this information when making decisions about your case. "@context": "http://www.schema.org", The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Unlike battery, assault does not imply bodily harm or physical contact to the victim. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. This website is maintained by Jason D. Sammis and Leslie M. Sammis. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. West Palm Beach, FL 33401 We respect your privacy. St. Petersburg, FL 33705 "Family or household members" include current and former spouses, persons related by blood or marriage, persons currently or formerly residing together as if family, or persons who share a child. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. This crime differs from aggravated battery in that felony battery doesn't require proof that the offender intended the harm, only that the touching was intentional and harm resulted. }, 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. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. Contact us for a free consultation. All Rights Reserved. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. Get Directions. Most people do not have access to the resources that prosecutors have. WebAggravated battery is a second-degree felony in the state of Florida. This kind of fervor is not seen every day. Our team is commited to your best outcome. There are certain requirements the prosecution must meet in order to attain a legitimate guilty Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. The information on this website is for general information purposes only. Try again later. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. 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). "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", "addressLocality": "St. Petersburg", Causing permanent disability or disfigurement. 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) For example, pointing a handgun at another person to scare them is considered aggravated assault. 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. Battery on a Law Enforcement Officer under Florida Law. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. "address": [ "addressLocality": "Tampa", The name of the jail where the friend or family member is being held in custody. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. 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. Firearm possessed during incident Minimum term of 10 years imprisonment 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. Using a deadly weapon while committing the offense. 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. "Monday", Nothing on this site should be taken as legal advice for any individual case or situation. The information you provide will be used to answer your questions or to schedule an appointment if requested. WebIf you have been arrested or believe you will soon be arrested for the offense of aggravated battery in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 6090940 or contact us online. today! Aggravated Battery on Person 65 or Older. "https://www.facebook.com/goldmanwetzel/", A felony conviction can seriously impact your life. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", Florida Charges for Aggravated Battery on a Pregnant Female. 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 "addressRegion": "FL", 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. 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. WebFlorida uses minimum statutory sentences. In those instances, Floridas 10-20-Life Law will, upon conviction, mandate the imposition of the following minimum mandatory sentences: Although the facts of every case differ, there are many defenses available to contest a charge of Aggravated Battery in Florida. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. 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. We Defend. In certain circumstances, a felony conviction also can result in the loss of a professional license. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. 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. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. In short, an aggravated battery is a more severe form of battery. 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. Defense of others "telephone": "(727) 828-3900" Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. A victim of Aggravated Battery on W Commercial Blvd. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. 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. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. *. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. You were in fear of your life 88-344; s. 7, ch. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. WebAggravated battery is an offense that they will be particularly adamant about. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. "Saturday", They are then responsible for appearing at all court dates until the case is resolved. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. Initial Office Consults are free, and I will make myself available to suit your schedule. "name": "Goldman Wetzel", The state of Florida has two classifications regarding assault a felony and a misdemeanor. "addressRegion": "FL", 2021-6. No intent to cause great bodily harm, disfigurement, etc. "url": "https://www.goldmanwetzel.com", Schedule. That person committed an assault. Statutes, Video Broadcast 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. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. (Fla. Stat. "addressCountry": "United States", 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 during incident 20 years imprisonment There are various types of assault battery, simple assault, and aggravated assault. 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 Semi-automatic weapon or machine gun possessed 15 years imprisonment As a result, Parikh Law, P.A. Aggravated and felony penalties apply when the harm or possible harm increases. 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. That said, having an attorney puts you at an advantage, since they will be able to fully review your case and find out which defense, or defenses, would be the strongest in your particular case. 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. 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. A simple battery can also be charged as an aggravated battery if the defendant used a deadly weapon or battered a woman that the defendant knew or should have known was pregnant at the time. 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. LocationJacksonvilleOrlando 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 defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. 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. a felony of the first degree is reclassified to a life felony. Sitemap. 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. 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. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. 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. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! 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. Fax: 813.276.1600, Sammis Law Firm Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. ] Aggravated assault is a third-degree felony under Florida Statute 784.011. 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. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. 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. 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. 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 The contact you made with the alleged victim was accidental, not intentional. To learn more about the process to obtain an aggravated battery bail bond, contact us today. 88-344; s. 7, ch. At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. Contacting us does not create an attorney-client relationship. Sentence for Aggravated Battery with a Deadly Weapon. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. Contact him today to begin to discuss your case. Now, you may read that and think, Why would I hire someone who worked for the State, but it is important to understand the advantages of having an attorney who has had previous experience on the other side of the negotiating table. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. Sexual battery may also be known as rape or sexual assault. 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. 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. We represent clients for felony and misdemeanor battery and assault cases in Clearwater or St. Petersburg in Pinellas County, Bartow in Polk County, Dade City or New Port Richey in Pasco County, Brooksville in Hernando County, or Plant City or Tampa in Hillsborough County. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. 200 E Robinson Suite 1140Orlando, FL 32801. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. 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. 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. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. Learn more about the attorney's qualifications and experience in fighting criminal cases. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. All Rights Reserved. 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. 70-63; s. 732, ch. - Privacy Policy - Lawyer Website Design by: INTERNET LAVA, Battery on a Person 65 Years Old or Older, list of 22 statutory exceptions to the warrantless arrest rule found in Section 901.15, F.S. 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 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. 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. 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. 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. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. Disclaimer: The information on this system is unverified. 3. If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. As you review the penalties below, here are some of the terms you'll encounter and their meanings. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. Alibi 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. 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. However, the quality of the service you receive can vary drastically. "addressCountry": "United States", Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. Let us put our experience to work for you. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. "Sunday" 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. The student is being charged as an adult and is being held on $1 million bond. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or 0:51. 0:10. 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. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. Because of this, he is able to form strategies for his clients defenses that will be the most effective. 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.