WebAggravated battery charges result in more severe penalties than battery. "addressRegion": "FL", WebThe 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. They can also include everyday objects that can be used in a manner likely to cause death or great bodily harm, for example, steel-toed boots. Non-consensual contact of a sexual nature using any object also qualifies for this charge. Bradenton, FL 34205 "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. Get a Free Consultation Call Us - Available 24/7. All Rights Reserved, 2632 NW. That person committed an assault. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. "addressRegion": "FL", 400 Clematis St. Suite 206,West Palm Beach, FL 33401. a felony of the first degree is reclassified to a life felony. ], Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. The contact you made with the alleged victim was accidental, not intentional. 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. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. 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. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. (888) 727-4652, 2020 Goldman Wetzel, PLLC. today! Before you decide, schedule an appointment to meet directly with the attorney. Because of this, he is able to form strategies for his clients defenses that will be the most effective. 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. Minimum sentences may also apply. 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. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Bond agents in Florida are there to help you through the process and post bond on your behalf. 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. 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 71-136; s. 20, ch. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. The state of Florida has two classifications regarding assault a felony and a misdemeanor. This type of assault can occur with a deadly weapon, like a rock, firearm, knife, etc. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. 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. "https://twitter.com/goldmanwetzel" When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. Ronald S. Chapman, P.A. WebAggravated battery is a second-degree felony in the state of Florida. "addressCountry": "United States", "Tuesday", 400 Clematis Street, Suite 206 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. 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. "name": "Goldman Wetzel", Uses a deadly weapon; or 3. knew or should have known the victim was pregnant. Learn more about the attorney's qualifications and experience in fighting criminal cases. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Lack of intent Below, you'll find explanations of terms used in the laws for assault and battery. Enhanced penalties apply for assault or battery against a vulnerable victim. 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. Florida Charges for Aggravated Battery on a Pregnant Female. 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. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Simple Battery a first-degree misdemeanor; Battery on a Law Enforcement Officer (LEO); Felony Battery a third-degree felony under Florida Statute Section 784.041; Aggravated Battery with a Deadly Weapon Florida Statute Section 784.045(1)(a)(1); The Defendant intentionally struck or touched the alleged victim against the will of the alleged victim; and. Penalties for the offense include Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. *. 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. 0:10. 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. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. 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. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. A simple battery can also be charged as an aggravated battery if the defendant used a deadly weapon or battered a woman that the defendant knew or should have known was pregnant at the time. A victim of Aggravated Battery on W Commercial Blvd. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", 400 Clematis St. Suite 206, West Palm Beach, FL 33401, Palm Beach County Domestic Battery Attorney, Palm Beach County Seal and Expunge Attorney, Computer Fraud Obtaining Financial Information, Fraud in Connection with Counterfeit Credit Cards, Making a False Statement to a Federal Agency, Possessing a Controlled Substance with the Intent to Distribute, Smuggling Merchandise into the United States, Questions or Schedule An Appointment? "postalCode": "34205", 784.045(2), Fla. Stat. { Instruction 8.4 of the Florida Standard Criminal Jury Instructions, as summarized below, provides that to prove the crime of aggravated battery, the State must prove the following two elements beyond a reasonable doubt. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. 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. 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. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. "closes": "23:59" WebSimple assault is a second-degree misdemeanor. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). 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. (941) 405-5193, 3030 N. Rocky Point Dr They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. In fact, he began his legal career as a prosecutor for Orange County, Florida. "Friday", Disclaimer: The information on this system is unverified. The victim identified the wrong defendant, i.e., you have an alibi. 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 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. "Monday", "@type": "OpeningHoursSpecification", Domestic battery by strangulation. A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. 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. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. Statutes: FS 784.011 Assault. "Wednesday", Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way.
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