Aggravated battery occurs if the offender: A conviction for aggravated battery carries second-degree felony penalties of up to 15 years in prison and a $10,000 fine. "url": "https://www.goldmanwetzel.com", "addressLocality": "St. Petersburg", 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. 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? Web(1) (a) A person commits aggravated battery who, in committing battery: 1. This website is maintained by Jason D. Sammis and Leslie M. Sammis. Let us put our experience to work for you. Committee 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. "postalCode": "33607", At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. "telephone": "(813) 391-8051" We would be honored to welcome you to our family and be able to see you through this dire time in your life. Life parole is This article was last updated on Friday, January 14, 2022. WebAggravated battery is an offense that they will be particularly adamant about. A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. }, Committing battery in furtherance of a riot also constitutes felony battery. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. 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. "https://twitter.com/goldmanwetzel" 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. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. Even though you are an intelligent individual, matters of criminal defense may be far beyond your scope of experience, which does not fare well for you if you are being accused of a charge as serious as aggravated battery. *. Get Directions. Aggravated assault happens when a simple assault transforms into a more severe act of violence. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. 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. A second or subsequent battery offense (including simple battery) results in felony battery charges. 1005 N. Marion St. Protected victims. Our team is commited to your best outcome. The charge of Battery on a law enforcement officer is effectively a misdemeanor charge of battery reclassified to a felony due to the status of the victim being a law enforcement officer.. With compassion and confidence, they zealously represent their clients. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense 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. Felony battery in Florida involves any of the following circumstances. In Florida, the maximum penalties for aggravated battery include: 15 years 74-383; s. 10, ch. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Aggravated Battery. 200 E Robinson Suite 1140Orlando, FL 32801. "address": [ Domestic battery by strangulation. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. He is currently If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. Everyone here at Parikh Law, P.A. The object used during the incident does not meet the states definition of a deadly weapon. "https://www.goldmanwetzel.com", Our attorneys handle cases throughout Northeast and Central Florida. 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. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. The information on this website is for general information purposes only. (727) 828-3900, 1023 Manatee Ave W Intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim; Battered a person whom the defendant knew or should have known was pregnant. "Monday", The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 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. Schedule your FREE Consultation! 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. Tampa, FL 33607 The victim was pregnant at the time of the battery; and. We respect your privacy. For victims between 12 and 18, the crime is a life felony. 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. USA TODAY is not naming the student because the teen is a minor. } 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. 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. Sitemap. Lack of intent Battery Reclassified as a Felony Because of a Prior Conviction. Using a deadly weapon (a weapon used Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. { Brendan Depa, who allegedly assaulted Joan Naydich, 57, after she took away his video game, is facing one count of aggravated battery of a school board official, a first-degree felony in Florida punishable by up to thirty years in prison. ], Tampa, FL 33602 Statutes: FS 784.011 Assault. Being moved by the way that peoples lives were affected by being convicted guilty of crimes, such as aggravated battery, he was called to step up and advocate for those people. The incident happened at Matanzas High School in Palm Coast, Florida. 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. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. You had no intention to cause bodily harm Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. Minimum sentences may also apply. Suite 309 The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. "addressCountry": "United States", 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 journals or printed bills of the respective chambers should be consulted for official purposes. Illegal Use of Explosives, as defined in 552.22(1) or 790.161(2), (3) or (4), Florida See 948.06(8)(c)(18), Florida Statutes Offenses where NO BOND shall be set until FAH: 1. Ronald S. Chapman, P.A. "addressLocality": "Tampa", 70-63; s. 732, ch. WebAggravated battery is usually charged as a second degree felony with a maximum sentence of up to 15 years imprisonment and $10,000 in fines. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. 74-383; s. 10, ch. - 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. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. Schedule. If a person commits this crime with a 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 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. today! 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. The information you obtain at this site is not, nor is it intended to be, legal advice.You should consult an attorney for advice regarding your individual situation. Having the early help of a criminal attorney can help you prepare a strong legal defense. If a person who was the victim of a battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant, then the offender may be guilty of the crime of aggravated battery.

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