However, the quality of the service you receive can vary drastically. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. Start here to find criminal defense lawyers near you. "addressCountry": "United States", Court documents obtained by Fox News Digital Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to Finding the right attorney is an important decision. ", Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. In certain circumstances, a felony conviction also can result in the loss of a professional license. "address": [ Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. 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. Some tentative defenses to aggravated battery charges include: The consequences that could stem from this second-degree felony can impact your present, as well as your future. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. 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. Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. 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 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. 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. WebAggravated battery is a second-degree felony in the state of Florida. The contact you made with the alleged victim was accidental, not intentional. "telephone": "(813) 391-8051" Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. While committing the battery the person intentionally or knowingly caused great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim, or used a deadly weapon. | Privacy Policy | Disclaimer For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. (b) With an intent to commit a felony. West Palm Beach, FL 33401 The assault charges will depend on the situation. This article was last updated on Friday, January 14, 2022. Domestic battery by strangulation. Before you decide, schedule an appointment to meet directly with the attorney. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. 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. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. 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. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. Home Violent Crimes Battery and Aggravated Battery. (727) 828-3900, 1023 Manatee Ave W Florida Criminal Lawyer. Depa is being held in jail on a $1 million bond. 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 Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense 200 E Robinson Suite 1140Orlando, FL 32801. "addressLocality": "Bradenton", Skip to Navigation | Skip to Main Content | Skip to Site Map. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. 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. They must also prove that the alleged offender used a deadly weapon when the incident occurred or that they knowingly caused the alleged victim permanent disability or disfigurement or major bodily harm. Tampa, FL 33602
There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. Having the early help of a criminal attorney can help you prepare a strong legal defense. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Charged with a Serious Offense? Defense of others 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. Florida Charges for Aggravated Battery on a Pregnant Female. No disability, disfigurement or extreme physical harm inflicted upon the supposed victim; You had no intention to touch or strike the alleged victim; There was not a deadly weapon involved in the purported incident, and; The physical altercation between you and the alleged victim was the result of consent or mutual combat. The victim identified the wrong defendant, i.e., you have an alibi. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. "@type": "PostalAddress", Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. 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). Any crime that involves a physical attack is defined as an assault. We Defend. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. Sitemap. 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. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. "opens": "00:00", Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or A victim of Aggravated Battery on W Commercial Blvd. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. Statutes, Video Broadcast
Aggravated battery charges result in more severe penalties than battery. Uses a deadly weapon. "addressRegion": "FL", Uses a deadly weapon; or. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. We respect your privacy. 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. Securing professional licenses and/or certifications. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. 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. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. b. intentionally caused bodily harm to the victim. "Tuesday", Call (561) 832-4348 or visit his website. "https://www.facebook.com/goldmanwetzel/", 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. 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. Uses a deadly weapon; or 3. Contacting us does not create an attorney-client relationship. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. Felony battery (F.S. Under Florida Statute 784.03, the offense of Battery (often called simple battery) requires that the prosecutor prove the following elements beyond a reasonable doubt: The crime of simple battery is charged as a first degree misdemeanor punishable by up to 12 months in jail. (2) A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. He is currently being held on a $1 million bond according to The Daily Mail. You should not rely on this information when making decisions about your case. This is due to the severity of the crime and potential sentences imposed. 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. Under Florida law, Aggravated Battery is generally classified as a second degree felony. 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. The state of Florida has a bond schedule, set for the different categories of offenses. 0:51. This article discusses aggravated assault and battery and felony battery in Florida. 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. If you need immediate help, call 321-558-2704. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. This kind of fervor is not seen every day. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. Since there is not a clear definition of what a deadly weapon is, you should speak to a battery attorney so they can examine the circumstances of your case. "addressCountry": "United States", If the person then grabs the other's arm, whether or not injury results, that contact is a battery. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. 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. } You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. { WebA person can commit the crime of aggravated battery in one of three ways in Florida. 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. There was no specific intent to cause the level of injury that incurred. All Rights Reserved, 2632 NW. Minimum sentences may also apply. - 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. We provide free initial consultations to discuss the charges against you and possible defenses. Although in the past there was a mandatory minimum prison sentence if a person used a firearm during a battery, the 10-20-Life-Law establishes that the sentencing will be up to the judges discretion. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. "Wednesday", 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. 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. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. Aggravated Battery on Person 65 or Older. 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. 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. For example, pointing a handgun at another person to scare them is considered aggravated assault. The state attorney's office is prosecuting the student as an adult on a charge 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. 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.
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