The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. is dedicated to your defense and will go the extra mile to make sure that you are being listened to, informed and defended to the highest extent. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. "addressCountry": "United States", "telephone": "(941) 405-5193" "Tuesday", knew or should have known the victim was pregnant. 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. If the assault escalates to a 3rd-degree felony, its considered an aggravated assault and the total bail amount can be set in the $10,000 range. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. Aggravated assault is a third-degree felony under Florida Statute 784.011. 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. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. "Saturday", 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 you are found to be guilty, you could be ordered to serve up to fifteen (15) years in prison, serve a probation sentence up to fifteen (15) years and pay fines as high as $10,000. 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. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. Given the severity of the offense, an aggravated battery can result in severe punishments. Quick. The victim was at the time over 65 years of age. Tampa, FL 33602 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. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. 784.08(2)(a). In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. 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. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. The different types of battery charges in Florida can include: The penalties and punishments depend on the way the offense was charged and whether the person accused has any prior criminal record. "@type": "PostalAddress", Suite 150 "@context": "http://www.schema.org", 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. 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. 1. Get Directions. If you need immediate help, call 321-558-2704. 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. If you're in a hurry to find the penalties, skip down to the following sections. Get a Free Consultation Call Us - Available 24/7. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 71-136; s. 20, ch. This article was last updated on Friday, January 14, 2022. "Friday", - 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. All Rights Reserved. The law is constantly changing and evolving. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. Copyrights 2022. The defendant, in committing the battery (intentionally striking or causing bodily harm), intentionally or knowingly: (a) caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim, or (b) used a deadly weapon. (Fla. Stat. ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. Enhanced penalties apply for assault or battery against a vulnerable victim. A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. For example, pointing a handgun at another person to scare them is considered aggravated assault. David Robert Andrus. 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. 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. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. 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. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. 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. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. }, There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Tampa, FL 33607 A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. 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. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. 74-383; s. 10, ch. According to the Florida Statute 784.045, an aggravated battery is the offense of: In Nguyen v. the State of Florida, the court stated that an aggravated battery causing great bodily harm means that the harm inflicted has to be more severe than slight, trivial, or minor harm. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. 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. Web2. "address": [ For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. Unlike battery, assault does not imply bodily harm or physical contact to the victim. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. In fact, he began his legal career as a prosecutor for Orange County, Florida. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. The crime of Aggravated Battery on Person 65 years of age or older is a First Degree Felony that is punishable by up to 30 years in prison and a $10,000 fine. 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. The average total bail amounts for different categories of crimes depend on various factors. (Fla. Stat. 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. 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. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. Convicted felons in Florida are barred from doing things, such as: As you can see, these are not just penalties that will impact your life while the case is pending, but can permanently alter the course of your life. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. Consent or mutual contact Our team is commited to your best outcome. As you review the penalties below, here are some of the terms you'll encounter and their meanings. 0:10. Furthermore, Mr. Parikh could have simply ridden out his legal career as a prosecutor, but he chose, to pursue criminal defense. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. Office: 813.250.0500 That said, having an attorney puts you at an advantage, since they will be able to fully review your case and find out which defense, or defenses, would be the strongest in your particular case. 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. "Monday", (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. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. 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. 2023 All Rights Reserved. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields.