The defenses for these types of offenses will vary depending on the circumstances of each case. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. }, 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. WebIf you have been arrested or believe you will soon be arrested for the offense of aggravated battery in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 6090940 or contact us online. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. 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. Call (561) 832-4348 or visit his website. Home Assault and Battery Aggravated Battery, Tell us about your case. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. 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. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 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. "sameAs": [ In Florida, the maximum penalties for aggravated battery include: 15 years "@type": "LegalService", This article discusses aggravated assault and battery and felony battery in Florida. Related Resource: Difference Between Assault and Battery in Florida. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. 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 The total bail amount for a felony is higher than the total bail amount for a misdemeanor. For example, pointing a handgun at another person to scare them is considered aggravated assault. This aggravating factor causes the reclassification of the underlying felony as follows: If you have been arrested for battery or aggravated battery, contact an experienced criminal defense attorney in Tampa to discuss your case. 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. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a Additionally, this could include a death. The Defendant intentionally caused bodily harm to the alleged victim. This article was last updated on Friday, January 14, 2022. { 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. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. Tampa, FL 33607 There was no specific intent to cause the level of injury that incurred. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. Uses a deadly weapon. Minimum sentences may also apply. "telephone": "(727) 828-3900" This is due to the severity of the crime and potential sentences imposed. See Knowles v. State, 65 So. 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. WebFlorida uses minimum statutory sentences. 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. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. Battery offense implies that the defendant made physical contact with the victim. Contacting us does not create an attorney-client relationship. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. 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. "streetAddress": "3030 N Rocky Point Dr, Suite 150", Sexual battery may also be known as rape or sexual assault. If you are facing criminal charges in Florida, Ronald Chapman can help. He is currently being held on a $1 million bond according to The Daily Mail. Alibi Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. Charged with a Serious Offense? { 561-832-4348. Ronald S. Chapman, P.A. The information on this website is for general information purposes only. 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. Your Message Has been Successfully Sent. 74-383; s. 10, ch. Firearm possessed during incident Minimum term of 10 years imprisonment Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. 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. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense 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. There are certain requirements the prosecution must meet in order to attain a legitimate guilty 71-136; s. 20, ch. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. 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. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. "addressLocality": "Bradenton", We provide free initial consultations to discuss the charges against you and possible defenses. Using a deadly weapon while committing the offense. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. 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. "addressCountry": "United States", Besides these ramifications, being convicted guilty would be permanent on your record. WebAggravated battery is an offense that they will be particularly adamant about. Call us to schedule a time to talk with the attorneys in the office or over the phone. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. 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. ", Contact him today to begin to discuss your case. Disclaimer: The information on this system is unverified. Below, you'll find explanations of terms used in the laws for assault and battery. Suite 309 Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. { Get Directions. You should not rely on this information when making decisions about your case. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. The victim was pregnant at the time of the battery; and. 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. 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. A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case.