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. To learn more about the process to obtain an aggravated battery bail bond, contact us today. Unlike battery, assault does not imply bodily harm or physical contact to the 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. "streetAddress": "3030 N Rocky Point Dr, Suite 150", In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. 75-298; s. 3, ch. WebAggravated battery charges result in more severe penalties than battery. Stat.) Aggravated Battery, as defined in 784.045, Florida Statutes 4. Sentence for Aggravated Battery with a Deadly Weapon. Battering a pregnant woman. The name of the jail where the friend or family member is being held in custody. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). The defendant knew or should have known that the victim was pregnant at the time the battery was committed. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. 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. Call Musca Law today at 888-484-5057 to schedule an appointment. Our attorneys handle cases throughout Northeast and Central Florida. We would be honored to welcome you to our family and be able to see you through this dire time in your life. 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. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. Call us to schedule a time to talk with the attorneys in the office or over the phone. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. 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. 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. WebSimple assault is a second-degree misdemeanor. Get Directions. (888) 727-4652, 2020 Goldman Wetzel, PLLC. 2023 All Rights Reserved. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. ], Protected victims. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. So, when our firm takes on a new aggravated battery case, one of the first things we do is look for any holes in the prosecutors case. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. Quick. Aggravated Battery with a Firearm is technically the same offense as Aggravated Battery with a Deadly Weapon. Aggravated battery in the state of Florida is defined as a battery in which someone willfully or consciously inflicts grave bodily harm, irreversible disability or irreparable disfigurement upon another person. Committee "addressRegion": "FL", Looking forward to speaking with you soon. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. 784.045(2), Fla. Stat. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. "postalCode": "33705", For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a (Fla. Stat. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. 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. (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. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or 71-136; s. 20, ch. 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. WebAccording to Florida Statute 784.045, a person commits Aggravated Battery in Florida on a Pregnant Woman if the person: Actually and intentionally touches or strikes another ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. 784.021 Aggravated assault.. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. The law is constantly changing and evolving. LocationJacksonvilleOrlando For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. If a person commits this crime with a A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. "Wednesday", The Florida student accused of violently attacking a high school teacher's aide will be charged as an adult and is being held on a $1 million bond. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. Lack of intent They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. Even though you are an intelligent individual, matters of criminal defense may be far beyond your scope of experience, which does not fare well for you if you are being accused of a charge as serious as aggravated battery. In Florida, an aggravated battery with a deadly weapon is a second-degree felony which is punishable by up to 15 years of prison and a maximum fine of $10,000. - 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. Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. Schedule your FREE Consultation! It is important to notice that a deadly weapon is not necessarily restricted to a firearm. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. 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. Bradenton, FL 34205 Ronald S. Chapman, P.A. WebAggravated battery is an offense that they will be particularly adamant about. 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. A victim of Aggravated Battery on W Commercial Blvd. 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. Under Florida law, Aggravated Battery is generally classified as a second degree felony. "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. Nothing on this site should be taken as legal advice for any individual case or situation. The penalties Intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim; Battered a person whom the defendant knew or should have known was pregnant. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. This article discusses aggravated assault and battery and felony battery in Florida. WebFelony battery is a simple battery enhanced by causing injury to the victim. { Try again later. If you're in a hurry to find the penalties, skip down to the following sections. "streetAddress": "915 1st Ave N", Firearm discharged during incident 20 years imprisonment "postalCode": "34205", 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. Aggravated assault is a third-degree felony under Florida Statute 784.011. knew or should have known the victim was pregnant. 70-63; s. 732, ch. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Felony battery (F.S. See Knowles v. State, 65 So. A deadly weapon is any object that will likely cause death or great bodily harm if used or threatened to be used in the ordinary and usual manner contemplated by its design and construction. 75-298; s. 3, ch. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. WebAggravated battery occurs if the offender: intentionally caused great bodily harm or permanent disability or disfigurement to the victim used a deadly weapon, or knew or Sexual battery may also be known as rape or sexual assault. Enhanced penalties apply for assault or battery against a vulnerable victim. 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. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Get a Free Consultation Call Us - Available 24/7. 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. 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. If there is a lack of evidence (e.g., no proof that a deadly weapon was used), we will bring that to light and try to get the case thrown out. 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. I understand that submission of an online form does not constitute an attorneyclient relationship. The victim was at the time over 65 years of age. We update the information on this website periodically, but the information on this site should not be used as legal advice for your personal problem. 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. 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. Yet, if a bondsman puts up the full bond amount to secure the friend or family members release, a 10 percent non-refundable bond fee will be assessed. Related Resource: Difference Between Assault and Battery in Florida. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. If you need immediate help, call 321-558-2704. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. The assault charges will depend on the situation. Felony battery in Florida involves any of the following circumstances. 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) The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. 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. Court documents obtained by Fox News Digital Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. A victim of Aggravated Battery on W Commercial Blvd. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", Since 1990, Mr. Chapman has been representing people who have been accused of committing various types of crimes such as DUI, domestic violence, possession of a firearm, drug possession, expungement, traffic crimes, murder, manslaughter, crimes against children, sex crimes, crimes against the elderly, appeals, and violations of probation. Below, you'll find explanations of terms used in the laws for assault and battery. Any act of battery upon another person under 784.03, however, is found on a list of 22 statutory exceptions to the warrantless arrest rule found in Section 901.15, F.S.