is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. today! The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. Before you decide, schedule an appointment to meet directly with the attorney. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", St. Petersburg, FL 33705 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. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. "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. WebAggravated battery on a pregnant woman is a second-degree felony, punishable by up to fifteen years in prison and up to $10,000 in fines. "postalCode": "33705", 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. "Sunday" Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. Non-consensual contact of a sexual nature using any object also qualifies for this charge. Some of the more common defenses include the following: Given the harsh penalties applicable to an Aggravated Battery charge, an attorney is essential to protect the rights and interests of the accused, and to raise all defenses that may be available in such a case. "https://www.facebook.com/goldmanwetzel/", Penalties for the offense include If a person, while committing the crime of battery : 1. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. 2013 - 2023 Sammis Law Firm P.A. Publications, Help Searching Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. 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. The Defendant intentionally caused bodily harm to the alleged victim. Aggravated assault is a third-degree felony under Florida Statute 784.011. 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. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a 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. We provide free initial consultations to discuss the charges against you and possible defenses. The average total bail amounts for different categories of crimes depend on various factors. To learn more about the process to obtain an aggravated battery bail bond, contact us today. 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. The assault charges will depend on the situation. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Semi-automatic weapon or machine gun possessed 15 years imprisonment 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. "https://twitter.com/goldmanwetzel" LocationJacksonvilleOrlando "url": "https://www.goldmanwetzel.com", 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. Alibi In other words, an aggravated battery with a deadly weapon means that the defendant intentionally and unlawfully touched or struck a person, while using a deadly weapon. Looking forward to speaking with you soon. Besides these ramifications, being convicted guilty would be permanent on your record. This is not to say that other firms are not exceptional at what they do, but not all firms have the background that Attorney Rahul Y. Parikh has when it comes to aggravated battery cases. }, 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. Enhanced penalties apply for assault or battery against a vulnerable victim. 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 penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. Unlike battery, assault does not imply bodily harm or physical contact to the victim. WebSimple assault is a second-degree misdemeanor. 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. WebWhat is the legal definition of Aggravated Battery? 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 on a paraprofessional. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. "@type": "LegalService", (727) 828-3900, 1023 Manatee Ave W 2023 All Rights Reserved. Uses a deadly weapon; or 3. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. Aggravated Battery. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. 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. The student is being charged as an adult and is being held on $1 million bond. Our team is commited to your best outcome. He is currently 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. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. Under Florida law, Aggravated Battery is generally classified as a second degree felony. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. 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. 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. "Tuesday", (b) With an intent to commit a felony. If you're in a hurry to find the penalties, skip down to the following sections. They are then responsible for appearing at all court dates until the case is resolved. We respect your privacy. 74-383; s. 10, ch. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. This article was last updated on Friday, January 14, 2022. Nothing on this site should be taken as legal advice for any individual case or situation. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. Sentence for Aggravated Battery with a Deadly Weapon. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Possession With Intent To Sell, Manufacture or Deliver, Introduction Of Contraband Into Detention Facility, Violation Of A Restricted Drivers License, Giving False Information To Law Enforcement, Improper Exhibition of a Firearm or Weapon. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. "addressCountry": "United States", Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. Because of this, he is able to form strategies for his clients defenses that will be the most effective. 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. If you are charged with a crime or being investigated for a crime, it is important to talk with a criminal defense attorney directly about the particular facts and circumstances of your case. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. 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. Suite 309 For example, pointing a handgun at another person to scare them is considered aggravated assault. Sexual battery may also be known as rape or sexual assault. 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.
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