In some states, the information on this website may be considered a lawyer referral service. There are various types of assault battery, simple assault, and aggravated assault. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. { The penalties 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. *. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. LocationJacksonvilleOrlando Consent or mutual contact See Knowles v. State, 65 So. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. According to the Florida Statute 784.045, an aggravated battery is the offense of: In Nguyen v. the State of Florida, the court stated that an aggravated battery causing great bodily harm means that the harm inflicted has to be more severe than slight, trivial, or minor harm. Any act of battery upon another person under 784.03, however, is found on a list of 22 statutory exceptions to the warrantless arrest rule found in Section 901.15, F.S. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. If you're in a hurry to find the penalties, skip down to the following sections. today! 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. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). 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. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. "addressCountry": "United States", Aggravated Battery, as defined in 784.045, Florida Statutes 4. 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. 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. When one person intentionally or knowingly comes into physical contact with another individual against the other persons will, that is considered aggravated battery, as outlined in Florida Statute 784.045. Contact him today to begin to discuss your case. 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. Contact him today to begin to discuss your case. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Great bodily harm or permanent harm. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. The victim was at the time over 65 years of age. WebSimple assault is a second-degree misdemeanor. Aggravated Assault, as defined in 784.021, Florida Statutes 3. WebAggravated battery is a second-degree felony in the state of Florida. Nothing on this site should be taken as legal advice for any individual case or situation. 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, punishable by up to 15 years in prison and a fine of up to $10,000. Felony battery (F.S. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. Your consultation with us will be free and classified. Web2. Repeat battery offenses. 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 Fax: 813.276.1600, Sammis Law Firm 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. 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. "https://www.facebook.com/goldmanwetzel/", The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. In other words, an assault requires a threat that causes fear of harm, whereas battery requires offensive or unwanted touching or contact that causes physical harm. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. 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. Let us put our experience to work for you. Riots. 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. 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 prosecutors have had years of education and experience, which can be almost impossible to go up against if you do not have the same. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. "@type": "PostalAddress", However, the quality of the service you receive can vary drastically. WebView Entire Chapter. 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 Get a Free Case Evaluation The state of Florida has a bond schedule, set for the different categories of offenses. The information on this website is for general information purposes only. 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. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim; Battered a person whom the defendant knew or should have known was pregnant. "addressRegion": "FL", 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. 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. "Tuesday", "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", You were in fear of your life 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. "telephone": "(941) 405-5193" WebWhat is the legal definition of Aggravated Battery? The defendant knew or should have known that the victim was pregnant at the time the battery was committed. 71-136; s. 20, ch. 2013 - 2023 Sammis Law Firm P.A. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. You had no way of knowing the alleged victim was pregnant. "postalCode": "33705", Aggravated assault happens when a simple assault transforms into a more severe act of violence. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. Aggravated and felony penalties apply when the harm or possible harm increases. 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 USA TODAY is not naming the student because the teen is a minor. Minimum sentences may also apply. Aggravated battery charges result in more severe penalties than battery. A second or subsequent battery offense (including simple battery) results in felony battery charges. Charged with a Serious Offense? 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. Quick. The contact you made with the alleged victim was accidental, not intentional. 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. Tampa, FL 33607 Depa is being held in jail on a $1 million bond. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. Adopted in July of 1992 and last amended in 2011, the instruction provides: If you find that (defendant) committed (felony as identified by 775.087(1), Fla. Get a Free Consultation Call Us - Available 24/7. 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. If you are facing criminal charges in Florida, Ronald Chapman can help. The average total bail amounts for different categories of crimes depend on various factors. "addressLocality": "St. Petersburg", Sitemap. The defenses for these types of offenses will vary depending on the circumstances of each case. 71-136; s. 20, ch. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South 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. 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. For victims between 12 and 18, the crime is a life felony. 2021-6. Having the early help of a criminal attorney can help you prepare a strong legal defense. 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. Battery Reclassified as a Felony Because of a Prior Conviction. "Saturday", To learn more about the process to obtain an aggravated battery bail bond, contact us today. The object used during the incident does not meet the states definition of a deadly weapon. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. Furthermore, Mr. Parikh could have simply ridden out his legal career as a prosecutor, but he chose, to pursue criminal defense. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. Because of this, he is able to form strategies for his clients defenses that will be the most effective. The maximum sentence is life in prison with $10,00 in fines. "addressLocality": "Bradenton", Initial Office Consults are free, and I will make myself available to suit your schedule. "openingHoursSpecification": { 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, 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. 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. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. 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. A mandatory minimum sentence 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. Firearm possessed during incident Minimum term of 10 years imprisonment is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. 3d 597, 598-99 (Fla. 4th DCA 2011). Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. 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. Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). 70-63; s. 732, ch. 3. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. Everyone here at Parikh Law, P.A. 75-298; s. 3, ch. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Confidential or time-sensitive information should not be sent through this website. Skip to Navigation | Skip to Main Content | Skip to Site Map. 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. Alibi Court documents obtained by Fox News Digital Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. Life parole is 88-344; s. 7, ch. 200 E Robinson Suite 1140Orlando, FL 32801. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Looking forward to speaking with you soon. 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. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. "addressCountry": "United States", Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense 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. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. 0:10. 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.