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. WebAggravated battery is a second-degree felony in the state of Florida. "addressRegion": "FL", 784.045(2), Fla. Stat. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. Finding the right attorney is an important decision. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. The information on this website is for general information purposes only. 200 E Robinson Suite 1140Orlando, FL 32801. You had no intention to cause bodily harm Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Alibi A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. 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. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. 2. 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. Tampa, FL 33607 ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. b. used a deadly weapon, which is a weapon that was used or threatened to be used in a manner likely to cause great bodily harm or death. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. Copyright 2000- 2023 State of Florida. 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 LocationJacksonvilleOrlando 2013 - 2023 Sammis Law Firm P.A. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. As a result, Parikh Law, P.A. Uses a deadly weapon; or 3. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. For the court to convict you of aggravated battery, the prosecutor must prove you purposefully touched the alleged victim or purposefully caused harm, and that you either caused great bodily harm, used a deadly weapon, or knew/should have known the victim was pregnant. Life parole is They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. Sitemap. If a person commits this crime with a 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. According to FSS 784.045 , there are three ways that an attack can be classified as an aggravated battery by the police: The defendant intentionally and knowingly caused great bodily harm, permanent disability, or permanent disfigurement. Firearm possessed during incident Minimum term of 10 years imprisonment ] WebIn 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 Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. In order to be considered an aggravated battery, it should be proven that the defendant knew or should have known that the victim was pregnant at the time of the offense. Securing professional licenses and/or certifications. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. 74-383; s. 10, ch. }, touched or struck a person, while using a deadly weapon, the maximum penalties for aggravated battery, Difference Between Assault and Battery in Florida, Self-Defense & Stand Your Ground Laws in Florida, Felon in Possession of Firearm in Florida: Charges & Penalties, Withhold Adjudication in Florida: Definition & Laws, FL Presentence Investigation Report: Definitions & Process, Stalking Laws in Florida: Definitions, Charges & Sentences. The maximum sentence is life in prison with $10,00 in fines. knew or should have known the victim was pregnant. WebFlorida uses minimum statutory sentences. 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. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. If you have been arrested or believe you will soon be arrested for the offense of aggravated battery on person 65 years of age or older in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850)6090940 or contact us online. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. 2021-6. These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. Your consultation with us will be free and classified. In Florida, the maximum penalties for aggravated battery include: 15 years Most people do not have access to the resources that prosecutors have. We provide free initial consultations to discuss the charges against you and possible defenses. "Tuesday", 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. Our attorneys handle cases throughout Northeast and Central Florida. Confidential or time-sensitive information should not be sent through this website. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally caused great bodily harm or permanent disability or disfigurement to the victim. 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. There are certain requirements the prosecution must meet in order to attain a legitimate guilty A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. 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. Everyone here at Parikh Law, P.A. People charged with aggravated battery face up to 30 years behind bars. 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). Under Florida law, a battery charge can be a misdemeanor or felony offense. In Florida, an aggravated battery with a deadly weapon is a second-degree felony which is punishable by up to 15 years of prison and a maximum fine of $10,000. Stat.) If youve been arrested on charges of assault in Florida, you can hire a local bail bondsman to post bond on your behalf for a nonrefundable fee that is equal to 10% of the total bail amount. "@type": "PostalAddress", Your Message Has Not been sent. 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. 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. { Felony battery in Florida involves any of the following circumstances. 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. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. "telephone": "(941) 405-5193" "postalCode": "34205", Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. "Friday", Home Assault and Battery Aggravated Battery, Tell us about your case. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Tampa, FL 33602
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. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", This is due to the severity of the crime and potential sentences imposed. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. Under Florida law, Aggravated Battery is generally classified as a second degree felony. 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.