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Each aggravated battery case is different. "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. "dayOfWeek": [ 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. A victim of Aggravated Battery on W Commercial Blvd. The penalties 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. WebA person can commit the crime of aggravated battery in one of three ways in Florida. a felony of the first degree is reclassified to a life felony. "telephone": "(941) 405-5193" If the person then grabs the other's arm, whether or not injury results, that contact is a battery. The contact you made with the alleged victim was accidental, not intentional. Our attorneys handle cases throughout Northeast and Central Florida. 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. 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. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. We would be honored to welcome you to our family and be able to see you through this dire time in your life. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. You did not know your action would result in bodily harm or disability 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. Florida Charges for Aggravated Battery on a Pregnant Female. You were in fear of your life Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South Depa is being held in jail on a $1 million bond. A felony conviction can seriously impact your life. Life parole is ", Aggravated and felony penalties apply when the harm or possible harm increases. Alibi "@type": "PostalAddress", Statutes, Video Broadcast today! In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. A victim of Aggravated Battery on W Commercial Blvd. In certain circumstances, a felony conviction also can result in the loss of a professional license. Causing permanent disability or disfigurement. "@type": "PostalAddress", 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. 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. In short, an aggravated battery is a more severe form of battery. } 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. Please leave this field empty. 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 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. 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. Felony battery (F.S. 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. 784.045(2), Fla. Stat. "url": "https://www.goldmanwetzel.com", Battery offense implies that the defendant made physical contact with the victim. "addressCountry": "United States", 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. It is advised that anyone who has been accused of this crime seek the assistance of a practiced criminal defense in order, in order to decrease the chances of getting stuck with the harshest tentative punishments. "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. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. To learn more about the bail bondsprocess, contact us today. Sitemap. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. 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. "streetAddress": "1023 Manatee Ave W, Suite 309", 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. ] 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. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Unlike battery, assault does not imply bodily harm or physical contact to the victim. Confidential. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. "telephone": "(727) 828-3900" In Florida, an aggravated battery is a severe offense that can result in harsh penalties. Tampa, FL 33602 Attorney Parikh has not always been in private practice. Committee A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. 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. 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. Send us a Message to Book Your Free, No-Obligation Consultation Now. Great bodily harm or permanent harm. Bond agents in Florida are there to help you through the process and post bond on your behalf. 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. 2013 - 2023 Sammis Law Firm P.A. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Under Florida law, Aggravated Battery is generally classified as a second degree felony. 2021-6. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. This article discusses aggravated assault and battery and felony battery in Florida. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. Aggravated assault happens when a simple assault transforms into a more severe act of violence. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. 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). 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. Consent or mutual contact Try again later. 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. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. Committing battery in furtherance of a riot also constitutes felony battery. We respect your privacy. The next step is to appear at a hearing called the first appearance hearing. Learn more about the attorney's qualifications and experience in fighting criminal cases. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. Having the early help of a criminal attorney can help you prepare a strong legal defense. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. In some states, the information on this website may be considered a lawyer referral service. 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. Before you decide, schedule an appointment to meet directly with the attorney. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to "Wednesday", 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). Home Assault and Battery Aggravated Battery, Tell us about your case. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. Aggravated Assault, as defined in 784.021, Florida Statutes 3. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. With compassion and confidence, they zealously represent their clients. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. 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. Start here to find criminal defense lawyers near you. 2023 All Rights Reserved. 3. There are various types of assault battery, simple assault, and aggravated assault. 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. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. All Rights Reserved. Furthermore, Mr. Parikh could have simply ridden out his legal career as a prosecutor, but he chose, to pursue criminal defense. Since these are separate offenses, it is important to understand what an aggravated battery is in 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. Web2. 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. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. Uses a deadly weapon; or 3. knew or should have known the victim was pregnant. 2016 - 2023 Law Office of Glenn M. Swiatek. Schedule. 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. Securing professional licenses and/or certifications. 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. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Call (561) 832-4348 or visit his website. Defense of others For example, pointing a handgun at another person to scare them is considered aggravated assault. "https://www.facebook.com/goldmanwetzel/", 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. 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. 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.