Student attacks Florida school employee for taking Nintendo Switch A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. 75-298; s. 3, ch. He is currently They must also prove that the alleged offender used a deadly weapon when the incident occurred or that they knowingly caused the alleged victim permanent disability or disfigurement or major bodily harm. "telephone": "(941) 405-5193" The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. The 17-year-old Depa was charged with aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison, in the attack on a paraprofessional. Florida The next step is to appear at a hearing called the first appearance hearing. bond Aggravated battery in the state of Florida is defined as a battery in which someone willfully or consciously inflicts grave bodily harm, irreversible disability or irreparable disfigurement upon another person. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. Florida Aggravated Battery Aggravated Battery With a Deadly Weapon or Serious Injury The total bail amount for a felony is higher than the total bail amount for a misdemeanor. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. "@type": "PostalAddress", ], Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. Understanding Sexual Battery and Rape WebView Entire Chapter. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Florida Charges for Aggravated Battery on a Pregnant Female. Contact him today to begin to discuss your case. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. Given the severity of the offense, an aggravated battery can result in severe punishments. Call (561) 832-4348 or visit his website. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. Easy. Initial Office Consults are free, and I will make myself available to suit your schedule. 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. 784.021 Aggravated assault.. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. Florida Criminal Lawyer. The attorney listings on this site are paid attorney advertising. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. "telephone": "(813) 391-8051" You were in fear of your life "Thursday", "Saturday", For example, pointing a handgun at another person to scare them is considered aggravated assault. See Knowles v. State, 65 So. Florida These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Additionally, this could include a death. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Florida Aggravated Assault and Battery Laws The defendant in committing the battery either: a. knowingly and intentionally caused permanent disfigurement, permanent disability or great bodily harm to the alleged victim; or. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. Battery offense implies that the defendant made physical contact with the victim. 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. David Robert Andrus. Non-consensual contact of a sexual nature using any object also qualifies for this charge. Publications, Help Searching 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. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. 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 "name": "Goldman Wetzel", "addressLocality": "Bradenton", Aggravated Battery Defense Lawyer Orlando : Moses & Rooth Florida Statute Section 784.07(2) states that: [w]henever any person is charged with knowingly committing an assault or battery upon a law enforcement officer the offense for which the person is charged shall be reclassified as follows: , (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.. 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. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. 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. We respect your privacy. "url": "https://www.goldmanwetzel.com", Judge orders mental exam for student in attack on teacher's aide Florida The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. } Aggravated Battery Florida: Meaning, Penalties We Defend. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. WebIf you have been arrested or believe you will soon be arrested for the offense of aggravated battery in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 6090940 or contact us online. "Wednesday", Javascript must be enabled for site search. Unlike battery, assault does not imply bodily harm or physical contact to the victim. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. Bradenton, FL 34205 What Constitutes Sexual Battery in Florida A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. }, 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. 88-344; s. 7, ch. 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 a person commits this crime with a So, when our firm takes on a new aggravated battery case, one of the first things we do is look for any holes in the prosecutors case. ], It is important to notice that a deadly weapon is not necessarily restricted to a firearm. Aggravated Battery Securing professional licenses and/or certifications. The defendant, in committing the battery (intentionally striking or causing bodily harm), intentionally or knowingly: (a) caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim, or (b) used a deadly weapon. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. The defendant knew or should have known that the victim was pregnant at the time the battery was committed. Bonds ", 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.
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