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If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. However, the quality of the service you receive can vary drastically. 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 Committing battery in furtherance of a riot also constitutes felony battery. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Learn more about the attorney's qualifications and experience in fighting criminal cases. "@type": "LegalService", is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. 3d 597, 598-99 (Fla. 4th DCA 2011). 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. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. 75-298; s. 3, ch. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. }, 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. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. 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. "@context": "http://www.schema.org", 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. 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. After an arrest in Hillsborough County, FL, the offense is sometimes listed on the jail inquiry page as BATTERY (SECOND OR SUBSEQUENT OFFENSE) (DVST0002)., Felony Battery under Florida Statute 784.041. 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. 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. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. 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. Uses a deadly weapon; or 3. (888) 727-4652, 2020 Goldman Wetzel, PLLC. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Tampa, FL 33607 For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. Initial Office Consults are free, and I will make myself available to suit your schedule. 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) 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. Aggravated Battery, as defined in 784.045, Florida Statutes 4. WebAggravated battery is an offense that they will be particularly adamant about. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. { 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. This is due to the severity of the crime and potential sentences imposed. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. WebAggravated battery charges result in more severe penalties than battery. WebFlorida law defines an act of aggravated battery as: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon; or an act of battery committed against a person who is pregnant at the time of the offense and where the offender should have known the victim was pregnant. Teen in Vicious Attack on Florida Teacher's Aide to Be Charged as Charged with a Serious Offense? Tampa, FL 33602 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. "closes": "23:59" 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. 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. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. 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. 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. 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. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Battering a pregnant woman. If you're in a hurry to find the penalties, skip down to the following sections. Battery offense implies that the defendant made physical contact with the victim. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. I understand that submission of an online form does not constitute an attorneyclient relationship. Felony battery in Florida involves any of the following circumstances. ] At Parikh Law, P.A., we remain dedicated to helping people just like you. Florida A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. "name": "Goldman Wetzel", The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. Goldman Wetzel is a criminal law firm that represents individuals facing charges for violent crimes in St. Petersburg, Bradenton, Pinellas County, Tampa, Sarasota, Clearwater and surrounding areas. Alibi Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. Your Message Has Not been sent. You had no way of knowing the alleged victim was pregnant. "@type": "PostalAddress", "addressCountry": "United States", These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. David Robert Andrus, 41, of Summerfield, was at the wheel of the silver Chevy pickup shortly before 9 p.m. Sunday on State Road 25 near Eagles Nest Road when a Fruitland Park police officer noticed the 2013 - 2023 Sammis Law Firm P.A. Having the early help of a criminal attorney can help you prepare a strong legal defense. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. Your consultation with us will be free and classified. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. See Knowles v. State, 65 So. Florida This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. Fax: 813.276.1600, Sammis Law Firm 75-298; s. 3, ch. 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 bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. 70-63; s. 732, ch. 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. 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. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", 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. ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. Using a deadly weapon while committing the offense. Contact him today to begin to discuss your case. Battery Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. Additionally, this could include a death. 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. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. Copyright 2020 Roundtree Bonding. Statutes, Video Broadcast 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. Felony convictions are not simply a mark on your permanent criminal record, but they can also be a detriment to your life in a myriad of other ways outside of the Florida criminal justice system. "@type": "OpeningHoursSpecification", 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. 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. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. 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 "opens": "00:00", 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). In other words, an assault requires a threat that causes fear of harm, whereas battery requires offensive or unwanted touching or contact that causes physical harm. Aggravated Battery Florida: Meaning, Penalties }, The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. You had no intention to cause bodily harm Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). Aggravated Battery Defense In Tampa, Florida - The Hardy Law Firm Aggravated Battery- Florida | Definition, Penalties, Defenses bond Semi-automatic weapon or machine gun possessed 15 years imprisonment Aggravated assault and battery and felony battery charges typically apply in those offenses that involve a weapon, increased harm to a victim, or vulnerable victims. Uses a deadly weapon. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. The information on this website is for general information purposes only. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. The victim was pregnant at the time of the battery; and. 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. Battery, Domestic Battery and Aggravated Battery in Florida Battery Florida In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on.