Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. 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 a Free Case Evaluation Bradenton, FL 34205 If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. 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. Depa is facing a felony charge of aggravated battery after allegedly attacking 57-year-old Joan Naydich, a paraprofessional at the school on February 21. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. 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. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. Web2. "dayOfWeek": [ In some states, the information on this website may be considered a lawyer referral service. Average Bond for Assault in Florida - Bail Agent Network A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. Battery Reclassified as a Felony Because of a Prior Conviction. They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. There are certain requirements the prosecution must meet in order to attain a legitimate guilty 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. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. Confidential or time-sensitive information should not be sent through this website. Committee 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. "addressLocality": "St. Petersburg", 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. Florida 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? This website is maintained by Jason D. Sammis and Leslie M. Sammis. Lack of intent Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South "@type": "OpeningHoursSpecification", "postalCode": "34205", Uses a deadly weapon. 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 state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Battery offense implies that the defendant made physical contact with the victim. At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. knew or should have known the victim was pregnant. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. They will be working hard to prove their case, which is another key reason why you should obtain the services of a criminal defense attorney who will work even more diligently to prove your innocence. 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. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. Aggravated Battery Minimum sentences may also apply. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. bond 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. However, the quality of the service you receive can vary drastically. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. "streetAddress": "3030 N Rocky Point Dr, Suite 150", This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. "address": [ The Defendant intentionally caused bodily harm to the alleged victim. "https://twitter.com/goldmanwetzel" No intent to cause great bodily harm, disfigurement, etc. WebSimple assault is a second-degree misdemeanor. The victim identified the wrong defendant, i.e., you have an alibi. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. If a person, while committing the crime of battery : 1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. the Average Bail for Aggravated Assault Aggravated Battery The state of Florida has two classifications regarding assault a felony and a misdemeanor. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. The defendant knew or should have known that the victim was pregnant at the time the battery was committed. 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. 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. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. He is currently being held on a $1 million bond according to The Daily Mail. Causing permanent disability or disfigurement. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In certain circumstances, a felony conviction also can result in the loss of a professional license. Each aggravated battery case is different. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. An aggravated battery is generally classified as a second degree felony. 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. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. 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. a felony of the first degree is reclassified to a life felony. 0:10. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. { 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. Statutes Copyrights 2022. What is aggravated Battery on Person 65 Years of Age or "@context": "http://www.schema.org", 784.045(2), Fla. Stat. 3d 597, 598-99 (Fla. 4th DCA 2011). Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. Battery, Domestic Battery and Aggravated Battery in Florida Skip to Navigation | Skip to Main Content | Skip to Site Map. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. *. "addressLocality": "Bradenton", Aggravated Battery Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Under Florida law, Aggravated Battery is generally classified as a second degree felony. 70-63; s. 732, ch. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. Statutes: FS 784.011 Assault. } 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). Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. "Wednesday", Florida
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