The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. 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. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. Aggravated assault is a third-degree felony under Florida Statute 784.011. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. Sexual battery may also be known as rape or sexual assault. Battery Reclassified as a Felony Because of a Prior Conviction. Send us a Message to Book Your Free, No-Obligation Consultation Now. 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. "https://www.goldmanwetzel.com", All Rights Reserved. Non-consensual contact of a sexual nature using any object also qualifies for this charge. 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. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. WebWhat is the legal definition of Aggravated Battery? A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. Semi-automatic weapon or machine gun possessed 15 years imprisonment "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. "sameAs": [ 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 I understand that submission of an online form does not constitute an attorneyclient relationship. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. A mandatory minimum sentence However, the quality of the service you receive can vary drastically. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. 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. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. Everyone here at Parikh Law, P.A. 784.021 Aggravated assault.. 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. 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. Fax: 813.276.1600, Sammis Law Firm (941) 405-5193, 3030 N. Rocky Point Dr Firearm discharged during incident 20 years imprisonment This type of assault can occur with a deadly weapon, like a rock, firearm, knife, etc. WebFlorida uses minimum statutory sentences. Repeat battery offenses. The contact you made with the alleged victim was accidental, not intentional. If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery. 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. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. Finding the right attorney is an important decision. Quick. 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. 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. What Is the Bond for Aggravated Battery? Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. 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. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. 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. Minimum sentences may also apply. 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. Initial Office Consults are free, and I will make myself available to suit your schedule. today! He is currently being held on a $1 million bond according to The Daily Mail. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. 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. Under Florida law, a battery charge can be a misdemeanor or felony offense. Under Florida Statutes Section 784.045, the offense of Aggravated Battery requires that the prosecutor prove all of the elements of battery, plus an additional element for causing harm or using a weapon. Domestic battery by strangulation. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. Great bodily harm or permanent harm. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). 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. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. 71-136; s. 20, ch. }, ] The victim was at the time over 65 years of age. 2013 - 2023 Sammis Law Firm P.A. Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. 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. Please leave this field empty. 74-383; s. 10, ch. 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. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. 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. The state of Florida has two classifications regarding assault a felony and a misdemeanor. Aggravated assault happens when a simple assault transforms into a more severe act of violence. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. 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. They are then responsible for appearing at all court dates until the case is resolved. 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. Firearm possessed during incident Minimum term of 10 years imprisonment Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. In Florida, the maximum penalties for aggravated battery include: If the offense was committed on a law enforcement officer, the charge can be elevated to a first-degree felony. 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. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. 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. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. If you have been charged with aggravated battery in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth, Lantana, North Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, or Wellington, call me, attorney Ronald Chapman, at 561-832-4348 to discuss your case and see how I might be able to help you.