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When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. 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. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. Copyright 2000- 2023 State of Florida. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. Aggravated battery occurs if the offender: A conviction for aggravated battery carries second-degree felony penalties of up to 15 years in prison and a $10,000 fine. Get a Free Consultation Call Us - Available 24/7. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. The state of Florida has a bond schedule, set for the different categories of offenses. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. - 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. Office: 813.250.0500 Committing battery in furtherance of a riot also constitutes felony battery. 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. Start here to find criminal defense lawyers near you. Florida Charges for Aggravated Battery on a Pregnant Female. { 70-63; s. 732, ch. Also, a specific situation is aggravated battery against a pregnant woman occurs when a person commits battery while knowing or should have known the woman was pregnant. 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. Tampa, FL 33602 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. They will be working hard to prove their case, which is another key reason why you should obtain the services of a criminal defense attorney who will work even more diligently to prove your innocence. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. 88-344; s. 7, ch. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. 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. The penalties Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 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. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or There are certain requirements the prosecution must meet in order to attain a legitimate guilty Having the early help of a criminal attorney can help you prepare a strong legal defense. 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. People charged with aggravated battery face up to 30 years behind bars. If a person who was the victim of a battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant, then the offender may be guilty of the crime of aggravated battery. 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. "@context": "http://www.schema.org", It is important to notice that a deadly weapon is not necessarily restricted to a firearm. 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. A second or subsequent battery offense (including simple battery) results in felony battery charges. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. "addressRegion": "FL", If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. If you have been charged with aggravated battery in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth, Lantana, North Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, or Wellington, call me, attorney Ronald Chapman, at 561-832-4348 to discuss your case and see how I might be able to help you. He is currently being held on a $1 million bond according to The Daily Mail. Great bodily harm or permanent harm. "@type": "PostalAddress", At Parikh Law, P.A., we remain dedicated to helping people just like you. 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 Court documents obtained by Fox News Digital Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. No intent to cause great bodily harm, disfigurement, etc. 75-298; s. 3, ch. 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. As you review the penalties below, here are some of the terms you'll encounter and their meanings. Given the severity of the offense, an aggravated battery can result in severe punishments. To learn more about the bail bondsprocess, contact us today. 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. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, The contact you made with the alleged victim was accidental, not intentional. Aggravated battery must be proven beyond a reasonable doubt that the defendant intentionally struck the victim and intentionally caused bodily harm or permanent disability while committing battery. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. *. There was no specific intent to cause the level of injury that incurred. 200 E Robinson Suite 1140Orlando, FL 32801. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. 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. 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. In short, an aggravated battery is a more severe form of battery. In fact, Section 901.15(9)(a) provides that anofficer can make an arrest for a misdemeanor simple battery charge if the officer gathers probable cause that the crime occurred outside of the officers presence. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. The standard jury instruction under Chapter3.3(c) applies to cases with an aggravation of a felony by committing an aggravated battery as provided in Section 775.087(1), Fla. Stat. Under Florida law, Aggravated Battery is generally classified as a second degree felony. 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 law, a battery charge can be a misdemeanor or felony offense. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. They are then responsible for appearing at all court dates until the case is resolved. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. Alibi Let us put our experience to work for you. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. "addressCountry": "United States", Home Assault and Battery Aggravated Battery, Tell us about your case. 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. Fax: 813.276.1600, Sammis Law Firm ], 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. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense We provide free initial consultations to discuss the charges against you and possible defenses. Bond agents in Florida are there to help you through the process and post bond on your behalf. Initial Office Consults are free, and I will make myself available to suit your schedule. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. 2021-6. Javascript must be enabled for site search. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. 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. Bradenton, FL 34205 "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", The information you provide will be used to answer your questions or to schedule an appointment if requested. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. 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. { The law is constantly changing and evolving. Besides these ramifications, being convicted guilty would be permanent on your record. 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. Confidential. 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. ] "addressRegion": "FL", Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. WebA conviction means there was a determination of guilt in your previous case, even if adjudication was withheld or you entered a plea of nolo contender e. Simple assault and battery are misdemeanors under Florida law but may be aggravated to felony charges if certain facts are alleged. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. 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. This kind of fervor is not seen every day. If you're in a hurry to find the penalties, skip down to the following sections. 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. Lack of intent This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", 784.045(2), Fla. Stat. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. 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. 70-63; s. 732, ch. 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.