Confidential or time-sensitive information should not be sent through this website. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. 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. Copyrights 2022. 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 the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. WebSimple assault is a second-degree misdemeanor. Attorney Parikh has not always been in private practice. { 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. 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. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. }, 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. Non-consensual contact of a sexual nature using any object also qualifies for this charge. "Saturday", { "telephone": "(727) 828-3900" 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. This aggravating factor causes the reclassification of the underlying felony as follows: If you have been arrested for battery or aggravated battery, contact an experienced criminal defense attorney in Tampa to discuss your case. 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. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. 784.021 Aggravated assault.. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. 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. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. After an arrest in Hillsborough County, FL, the offense is sometimes listed on the jail inquiry page as BATTERY (SECOND OR SUBSEQUENT OFFENSE) (DVST0002)., Felony Battery under Florida Statute 784.041. You had no intention to cause bodily harm We respect your privacy. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. Your Message Has been Successfully Sent. 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. { Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, St. Petersburg, FL 33705 A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. Securing professional licenses and/or certifications. 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. "Sunday" 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. Related Resource: Difference Between Assault and Battery in Florida. Riots. WebThe 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. - 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. 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. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally caused great bodily harm or permanent disability or disfigurement to the victim. Our attorneys handle cases throughout Northeast and Central Florida. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. Call (561) 832-4348 or visit his website. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. If you are found to be guilty, you could be ordered to serve up to fifteen (15) years in prison, serve a probation sentence up to fifteen (15) years and pay fines as high as $10,000. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. 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. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. He is currently The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. (941) 405-5193, 3030 N. Rocky Point Dr The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. 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). Sentence for Aggravated Battery with a Deadly Weapon. Nothing on this site should be taken as legal advice for any individual case or situation. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. Office: 813.250.0500 Fax: 813.276.1600, Sammis Law Firm "sameAs": [ Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). 2023 All Rights Reserved. a felony of the first degree is reclassified to a life felony. 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 Felony convictions are not simply a mark on your permanent criminal record, but they can also be a detriment to your life in a myriad of other ways outside of the Florida criminal justice system. Easy. At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. You did not know your action would result in bodily harm or disability 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. The defenses for these types of offenses will vary depending on the circumstances of each case. Aggravated 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. 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. 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. 2. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Under Florida Statutes 784.045, the crime of Aggravated Battery on a Pregnant Victim requires proof of a battery plus proof beyond a reasonable doubt that: Read more about the punishments and penalties for battery on a pregnant female. Statutes, Video Broadcast 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. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. 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. Initial Office Consults are free, and I will make myself available to suit your schedule. b. intentionally caused bodily harm to the victim. Contact him today to begin to discuss your case. 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. Copyright 2000- 2023 State of Florida. 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 causing bodily hard 25 years imprisonment, Acting in self-defense Sexual battery may also be known as rape or sexual assault. If the assault escalates to a 3rd-degree felony, its considered an aggravated assault and the total bail amount can be set in the $10,000 range. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. 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 Start here to find criminal defense lawyers near you. 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. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. Aggravated Battery. "streetAddress": "1023 Manatee Ave W, Suite 309", 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. WebAggravated battery is an offense that they will be particularly adamant about. Aggravated assault happens when a simple assault transforms into a more severe act of violence. If you need immediate help, call 321-558-2704. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. Please leave this field empty. Unlike battery, assault does not imply bodily harm or physical contact to 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. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. The next step is to appear at a hearing called the first appearance hearing. 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. Depa is being held in jail on a $1 million bond. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. "streetAddress": "3030 N Rocky Point Dr, Suite 150", 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. "addressLocality": "Bradenton", USA TODAY is not naming the student because the teen is a minor. If you are charged with a crime or being investigated for a crime, it is important to talk with a criminal defense attorney directly about the particular facts and circumstances of your case. Florida Charges for Aggravated Battery on a Pregnant Female. Battery Reclassified as a Felony Because of a Prior Conviction. The 17-year-old Depa was charged with aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison, in the attack on a paraprofessional. 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. Contact us for a free consultation. Javascript must be enabled for site search. "openingHoursSpecification": { Suite 309 If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. "telephone": "(813) 391-8051" 1. You were in fear of your life 0:51. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. 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. 2016 - 2023 Law Office of Glenn M. Swiatek. 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. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. }, They are then responsible for appearing at all court dates until the case is resolved. Bond agents in Florida are there to help you through the process and post bond on your behalf. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. "@type": "PostalAddress", "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png",