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) Statutes Any crime that involves a physical attack is defined as an assault. Lack of intent *. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Under the law, Aggravated Battery occurs where a defendant intentionally touches or strikes another person and, in doing so: To prove the crime of Aggravated Battery at trial, the prosecution must establish the following two elements beyond a reasonable doubt: For purposes of an Aggravated Battery prosecution, a weapon is considered a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 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. Battery { }, The information you provide will be used to answer your questions or to schedule an appointment if requested. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. 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. St. Petersburg, FL 33705 Minimum sentences may also apply. Statutes, Video Broadcast
| Privacy Policy | Disclaimer If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. 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. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. Firearm discharged during incident 20 years imprisonment "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", BOND a felony of the first degree is reclassified to a life felony. There are certain requirements the prosecution must meet in order to attain a legitimate guilty UNIFORM BOND SCHEDULE - Florida Courts Felony battery (F.S. The state of Florida has a bond schedule, set for the different categories of offenses. b. intentionally caused bodily harm to the victim. 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. WebA conviction means there was a determination of guilt in your previous case, even if adjudication was withheld or you entered a plea of nolo contender e. Simple assault and battery are misdemeanors under Florida law but may be aggravated to felony charges if certain facts are alleged. Publications, Help Searching
In Florida, the maximum penalties for aggravated battery include: 15 years "url": "https://www.goldmanwetzel.com", 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. Before you decide, schedule an appointment to meet directly with the attorney. Florida Guide to Pinellas County Aggravated Battery Charges 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. The different types of battery charges in Florida can include: The penalties and punishments depend on the way the offense was charged and whether the person accused has any prior criminal record. Causing permanent disability or disfigurement. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense Get Directions. Aggravated Assault, as defined in 784.021, Florida Statutes 3. Aggravated Battery There are numerous defenses that your criminal defense attorney use for aggravated battery cases. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In fact, he began his legal career as a prosecutor for Orange County, Florida. 88-344; s. 7, ch. Our attorneys handle cases throughout Northeast and Central Florida. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. In short, an aggravated battery is a more severe form of battery. In those instances, Floridas 10-20-Life Law will, upon conviction, mandate the imposition of the following minimum mandatory sentences: Although the facts of every case differ, there are many defenses available to contest a charge of Aggravated Battery in Florida. A mandatory minimum sentence (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. 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. "postalCode": "33705", Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Most people do not have access to the resources that prosecutors have. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. 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. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). Permanent disfigurement refers to an alteration of the physical body, such as a visible scar, loss of a limb, or a broken bone that alters one's physical appearance. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. "closes": "23:59" 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. 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. Your Message Has Not been sent. 1. 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 element for causing harm or using a weapon. Skip to Navigation | Skip to Main Content | Skip to Site Map. Send us a Message to Book Your Free, No-Obligation Consultation Now. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South Statutes & Constitution :View Statutes : Online Sunshine The defendant knew or should have known that the victim was pregnant at the time the battery was committed. 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. Let us put our experience to work for you. A deadly weapon is any object that will likely cause death or great bodily harm if used or threatened to be used in the ordinary and usual manner contemplated by its design and construction. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Aggravated Battery with a Firearm is technically the same offense as Aggravated Battery with a Deadly Weapon. Understanding Sexual Battery and Rape 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. - 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. If you have been charged with aggravated battery in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth, Lantana, North Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, or Wellington, call me, attorney Ronald Chapman, at 561-832-4348 to discuss your case and see how I might be able to help you. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. 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