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. "opens": "00:00", After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. This website is maintained by Jason D. Sammis and Leslie M. Sammis. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. WebAggravated battery is a second-degree felony in the state of Florida. 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. "addressRegion": "FL", ", Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. 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 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. Before you decide, schedule an appointment to meet directly with the attorney. Disclaimer: The information on this system is unverified. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. "Friday", Publications, Help Searching This article discusses aggravated assault and battery and felony battery in Florida. 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. 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. 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. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. Florida Criminal Lawyer. All Rights Reserved. "streetAddress": "1023 Manatee Ave W, Suite 309", Learn more about the attorney's qualifications and experience in fighting criminal cases. "@type": "PostalAddress", Battery offense implies that the defendant made physical contact with the victim. There are certain requirements the prosecution must meet in order to attain a legitimate guilty "@type": "OpeningHoursSpecification", 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. Quick. 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. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. However, the quality of the service you receive can vary drastically. First and foremost, Attorney Parikh was able to gain invaluable knowledge during his time at the Office of the State Attorney as to how exactly prosecutors approach aggravated battery cases. Each aggravated battery case is different. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. (Fla. Stat. 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. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. Under Florida law, a battery charge can be a misdemeanor or felony offense. Copyright 2000- 2023 State of Florida. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. 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 victim was at the time over 65 years of age. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. At Parikh Law, P.A., we remain dedicated to helping people just like you. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. 2021-6. That said, having an attorney puts you at an advantage, since they will be able to fully review your case and find out which defense, or defenses, would be the strongest in your particular case. Felony battery (F.S. If you're in a hurry to find the penalties, skip down to the following sections. Lack of intent As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. Causing permanent disability or disfigurement. 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. 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. 2016 - 2023 Law Office of Glenn M. Swiatek. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South They can also include everyday objects that can be used in a manner likely to cause death or great bodily harm, for example, steel-toed boots. Semi-automatic weapon or machine gun possessed 15 years imprisonment Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. "telephone": "(941) 405-5193" 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). This is due to the severity of the crime and potential sentences imposed. Statutes: FS 784.011 Assault. 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. You had no intention to cause bodily harm Protected victims. 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. Contacting us does not create an attorney-client relationship. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Firearm possessed during incident Minimum term of 10 years imprisonment 70-63; s. 732, ch. The state of Florida has a bond schedule, set for the different categories of offenses. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. Under Florida law, Aggravated Battery is generally classified as a second degree felony. 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 you face criminal charges, talk to a criminal defense attorney who knows the local court system. }, 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. Being moved by the way that peoples lives were affected by being convicted guilty of crimes, such as aggravated battery, he was called to step up and advocate for those people. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. The contact you made with the alleged victim was accidental, not intentional. Fax: 813.276.1600, Sammis Law Firm Permanent disfigurement refers to an alteration of the physical body, such as a visible scar, loss of a limb, or a broken bone that alters one's physical appearance. Stat.) For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. 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. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. 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. 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. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Aggravated battery charges result in more severe penalties than battery. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. 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 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. (b) With an intent to commit a felony. 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. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. 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. { Given the severity of the offense, an aggravated battery can result in severe punishments. Office: 813.250.0500 When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. 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. Contact us to talk with a criminal defense attorney to discuss your case today. 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 Contact him today to begin to discuss your case. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. "address": [ Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. The object used during the incident does not meet the states definition of a deadly weapon. "sameAs": [ 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. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. 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 Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. 75-298; s. 3, ch. The defendant in committing the battery either: a. knowingly and intentionally caused permanent disfigurement, permanent disability or great bodily harm to the alleged victim; or. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. 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. }, 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. Home Violent Crimes Battery and Aggravated Battery. Uses a deadly weapon; or 3. Suite 150 Aggravated assault happens when a simple assault transforms into a more severe act of violence. Suite 309 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. 0:51. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. "dayOfWeek": [ "url": "https://www.goldmanwetzel.com", 1. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. This article was last updated on Friday, January 14, 2022. For example, pointing a handgun at another person to scare them is considered aggravated assault. An aggravated battery is generally classified as a second degree felony. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. 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. 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. 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. Riots. This type of assault can occur with a deadly weapon, like a rock, firearm, knife, etc. Illegal Use of Explosives, as defined in 552.22(1) or 790.161(2), (3) or (4), Florida See 948.06(8)(c)(18), Florida Statutes Offenses where NO BOND shall be set until FAH: 1. 3d 597, 598-99 (Fla. 4th DCA 2011). If you need immediate help, call 321-558-2704. "telephone": "(727) 828-3900" 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. Using a deadly weapon while committing the offense. Skip to Navigation | Skip to Main Content | Skip to Site Map. If a person, while committing the crime of battery : 1. As you review the penalties below, here are some of the terms you'll encounter and their meanings. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. 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.