In certain circumstances, a felony conviction also can result in the loss of a professional license. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. For the court to convict you of aggravated battery, the prosecutor must prove you purposefully touched the alleged victim or purposefully caused harm, and that you either caused great bodily harm, used a deadly weapon, or knew/should have known the victim was pregnant. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. "closes": "23:59" The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a 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. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. 75-298; s. 3, ch. 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. 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 Aggravated assault is a third-degree felony under Florida Statute 784.011. Battery on a Law Enforcement Officer under Florida Law. 71-136; s. 20, ch. 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. David Robert Andrus, 41, of Summerfield, was at the wheel of the silver Chevy pickup shortly before 9 p.m. Sunday on State Road 25 near Eagles Nest Road when a Fruitland Park police officer noticed the 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. Committee 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. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", See Knowles v. State, 65 So. 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. 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. That person committed an assault. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. Because of this, he is able to form strategies for his clients defenses that will be the most effective. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. Each aggravated battery case is different. 400 Clematis Street, Suite 206 "@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. Copyright 2020 Roundtree Bonding. 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. "url": "https://www.goldmanwetzel.com", The defendant knew or should have known that the victim was pregnant at the time the battery was committed. 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. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. Nothing on this site should be taken as legal advice for any individual case or situation. Get a Free Consultation Call Us - Available 24/7. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. 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. "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. Battery offense implies that the defendant made physical contact with the victim. Life parole is The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. Easy. Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. 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. Firearm possessed during incident Minimum term of 10 years imprisonment If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. People charged with aggravated battery face up to 30 years behind bars. 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. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or b. intentionally caused bodily harm to the victim. 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. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. 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. In Florida, the maximum penalties for aggravated battery include: If the offense was committed on a law enforcement officer, the charge can be elevated to a first-degree felony. 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. We provide free initial consultations to discuss the charges against you and possible defenses. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a 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. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. 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. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. (888) 727-4652, 2020 Goldman Wetzel, PLLC. 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). 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. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. Suite 150 Publications, Help Searching Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. 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. The charge of Battery on a law enforcement officer is effectively a misdemeanor charge of battery reclassified to a felony due to the status of the victim being a law enforcement officer.. 70-63; s. 732, ch. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. 88-344; s. 7, ch. 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. 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) Contact him today to begin to discuss your case. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. 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 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. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. "https://twitter.com/goldmanwetzel" ], Finding the right attorney is an important decision. We would be honored to welcome you to our family and be able to see you through this dire time in your life. "address": [ "postalCode": "33705", Besides these ramifications, being convicted guilty would be permanent on your record. }, A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. If youve been arrested on charges of assault in Florida, you can hire a local bail bondsman to post bond on your behalf for a nonrefundable fee that is equal to 10% of the total bail amount. Felony battery in Florida involves any of the following circumstances. 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. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. "@type": "PostalAddress", Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", You were in fear of your life The student is being charged as an adult and is being held on $1 million bond. is dedicated to your defense and will go the extra mile to make sure that you are being listened to, informed and defended to the highest extent. 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. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Javascript must be enabled for site search. A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. USA TODAY is not naming the student because the teen is a minor. The contact you made with the alleged victim was accidental, not intentional. 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. Learn more about the attorney's qualifications and experience in fighting criminal cases. 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. | Privacy Policy | Disclaimer Florida Charges for Aggravated Battery on a Pregnant Female. 0:51. Securing professional licenses and/or certifications. Florida Criminal Lawyer. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. 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. Any crime that involves a physical attack is defined as an assault. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. 3. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. All Rights Reserved. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. 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. A victim of Aggravated Battery on W Commercial Blvd. 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. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. ], Lack of intent This type of assault can occur with a deadly weapon, like a rock, firearm, knife, etc. WebAggravated battery charges result in more severe penalties than battery. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. WebAggravated battery is an offense that they will be particularly adamant about. Uses a deadly weapon. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. "Tuesday", Aggravated Battery with a Firearm is technically the same offense as Aggravated Battery with a Deadly Weapon. St. Petersburg, FL 33705 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. When the aggravated battery is committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01, the aggravated battery is ranked one level above the ranking under s. 921.0022 for the offense committed. 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. Battering a person who was known to be pregnant. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. If a person commits this crime with a Looking forward to speaking with you soon. In short, an aggravated battery is a more severe form of battery. 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. He is currently being held on a $1 million bond according to The Daily Mail. WebFlorida law defines an act of aggravated battery as: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon; or an act of battery committed against a person who is pregnant at the time of the offense and where the offender should have known the victim was pregnant. The object used during the incident does not meet the states definition of a deadly weapon. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. Felony battery (F.S. "telephone": "(727) 828-3900" Using a deadly weapon (a weapon used 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. Contacting us does not create an attorney-client relationship. Confidential or time-sensitive information should not be sent through this website. Let us put our experience to work for you. WebWhat is the legal definition of Aggravated Battery? 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. }, 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. For example, pointing a handgun at another person to scare them is considered aggravated assault. 71-136; s. 20, ch. 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. Tampa, FL 33602 Send us a Message to Book Your Free, No-Obligation Consultation Now. Skip to Navigation | Skip to Main Content | Skip to Site Map. 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. { { 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. 1. We Defend. 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 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. If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery. } Riots. The victim was pregnant at the time of the battery; and. Fax: 813.276.1600, Sammis Law Firm 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. 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. "addressCountry": "United States", If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. }, Firearm discharged during incident 20 years imprisonment It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. 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 Quick. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). To learn more about the process to obtain an aggravated battery bail bond, contact us today. Contact us to talk with a criminal defense attorney to discuss your case today. "Friday", Schedule. 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. Your consultation with us will be free and classified. b. used a deadly weapon, which is a weapon that was used or threatened to be used in a manner likely to cause great bodily harm or death. 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. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations.