In fact, Section 901.15(9)(a) provides that anofficer can make an arrest for a misdemeanor simple battery charge if the officer gathers probable cause that the crime occurred outside of the officers presence. 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. Under Florida Statutes 784.045, the crime of Aggravated Battery on a Pregnant Victim requires proof of a battery plus proof beyond a reasonable doubt that: Read more about the punishments and penalties for battery on a pregnant female. 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. The standard jury instruction under Chapter3.3(c) applies to cases with an aggravation of a felony by committing an aggravated battery as provided in Section 775.087(1), Fla. Stat. The Florida student accused of violently attacking a high school teacher's aide will be charged as an adult and is being held on a $1 million bond. Skip to Navigation | Skip to Main Content | Skip to Site Map. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. Contact him today to begin to discuss your case. Below, you'll find explanations of terms used in the laws for assault and battery. Committing battery in furtherance of a riot also constitutes felony battery. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. "Family or household members" include current and former spouses, persons related by blood or marriage, persons currently or formerly residing together as if family, or persons who share a child. 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. If a person commits this crime with a 74-383; s. 10, ch. }, Web(1) (a) A person commits aggravated battery who, in committing battery: 1. You should not rely on this information when making decisions about your case. If a person, while committing the crime of battery : 1. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. St. Petersburg, FL 33705 88-344; s. 7, ch. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. Committee Aggravated battery must be proven beyond a reasonable doubt that the defendant intentionally struck the victim and intentionally caused bodily harm or permanent disability while committing battery. Tampa, FL 33602 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. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. 915 1st Ave N Any crime that involves a physical attack is defined as an assault. 0:51. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. Additionally, this could include a death. 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. They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. WebAggravated battery is an offense that they will be particularly adamant about. 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 . Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. See Knowles v. State, 65 So. No disability, disfigurement or extreme physical harm inflicted upon the supposed victim; You had no intention to touch or strike the alleged victim; There was not a deadly weapon involved in the purported incident, and; The physical altercation between you and the alleged victim was the result of consent or mutual combat. You did not know your action would result in bodily harm or disability An aggravated battery is generally classified as a second degree felony. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. 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. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. WebUnder Florida Code 784.045 an individual can be charged with aggravated battery if he or she commits one of the following: A battery wherein he or she intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement A battery using a deadly weapon A battery against a pregnant individual Battery on a Law Enforcement Officer under Florida Law. 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. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. "https://www.goldmanwetzel.com", 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. Sexual battery may also be known as rape or sexual assault. }, 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Great bodily harm or permanent harm. Please leave this field empty. 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. 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. "address": [ In other words, in Florida, aggravated battery on a law enforcement officer is punishable by up to 30 years of imprisonment (5 years of minimum sentence) and a maximum fine of $10,000. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. 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 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. 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 The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. 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. knew or should have known the victim was pregnant. Aggravated Battery on Person 65 or Older. All Rights Reserved. Unlike battery, assault does not imply bodily harm or physical contact to the victim. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. Depa is being held in jail on a $1 million bond. 1005 N. Marion St. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. Schedule. What Is the Bond for Aggravated Battery? "@type": "PostalAddress", 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. 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. Aggravated battery is an offense that they will be particularly adamant about. If someone batters a family or household member or dating partner by impeding their normal breathing or blood circulation and creating a risk of great bodily harm, the offender is guilty of domestic battery by strangulation. "telephone": "(813) 391-8051" Felony battery (F.S. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", 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. We represent clients for felony and misdemeanor battery and assault cases in Clearwater or St. Petersburg in Pinellas County, Bartow in Polk County, Dade City or New Port Richey in Pasco County, Brooksville in Hernando County, or Plant City or Tampa in Hillsborough County. "streetAddress": "1023 Manatee Ave W, Suite 309", Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. The attorney listings on this site are paid attorney advertising. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. 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. If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. WebAggravated battery is a second-degree felony in Florida and carries penalties of up to 15 years in prison, up to 15 years of probation, and up to $10,000 in fines. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. 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. Domestic battery by strangulation. Easy. When the aggravated battery is committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01, the aggravated battery is ranked one level above the ranking under s. 921.0022 for the offense committed. A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. Your consultation with us will be free and classified. 2016 - 2023 Law Office of Glenn M. Swiatek. 1. Contact us for a free consultation. 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. Protected victims. 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. 75-298; s. 3, ch. The next step is to appear at a hearing called the first appearance hearing. A battery that is reclassified as a felony because of a prior conviction is charged as a third-degree felony which is punishable by up to five years in Florida State Prison and a $5,000 fine. 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 surrounding areas nearby on Florida's Panhandle. "@type": "PostalAddress", If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. Office: 813.250.0500 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. 71-136; s. 20, ch. A mandatory minimum sentence WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. { WebSimple assault is a second-degree misdemeanor. 561-832-4348. Get a Free Case Evaluation When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. (727) 828-3900, 1023 Manatee Ave W 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. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or.