Aggravated 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. The name of the jail where the friend or family member is being held in custody. 74-383; s. 10, ch. In short, an aggravated battery is a more severe form of battery. "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. Felony battery (F.S. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. Bond agents in Florida are there to help you through the process and post bond on your behalf. Our team is commited to your best outcome. Send us a Message to Book Your Free, No-Obligation Consultation Now. Unlike battery, assault does not imply bodily harm or physical contact to the victim. Battering a person who was known to be pregnant. Contact us to talk with a criminal defense attorney to discuss your case today. | Privacy Policy | Disclaimer In building his firm, Attorney Parikh has hired a staff that shares his passion for helping those who have had criminal accusations brought against them. Uses a deadly weapon. Disclaimer: The information on this system is unverified. 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? 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. b. intentionally caused bodily harm to the victim. Domestic battery by strangulation. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). 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. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. 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. Some tentative defenses to aggravated battery charges include: The consequences that could stem from this second-degree felony can impact your present, as well as your future. Looking forward to speaking with you soon. The victim was at the time over 65 years of age. This offense occurs Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. You were in fear of your life USA TODAY is not naming the student because the teen is a minor. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. 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. - 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. You had no intention to cause bodily harm The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. Battering a pregnant woman. 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. (2) A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. The state of Florida has a bond schedule, set for the different categories of offenses. 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. First, they must show that the accused individual deliberately made physical contact (like a touch or a strike) with the supposed victim without consent, or that the accused purposely caused the alleged victim serious bodily harm. 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 There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. The maximum sentence is life in prison with $10,00 in fines. "addressRegion": "FL", 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. Drop us a line today and schedule a confidential consultation today. We would be honored to welcome you to our family and be able to see you through this dire time in your life. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. Quick. There are various types of assault battery, simple assault, and aggravated assault. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Web2. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. Suite 150 Our attorneys handle cases throughout Northeast and Central Florida. knew or should have known the victim was pregnant. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense A mandatory minimum sentence Get a Free Case Evaluation 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. 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. Additionally, this could include a death. { A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. All Rights Reserved. He is currently being held on a $1 million bond according to The Daily Mail. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. Sentence for Aggravated Battery with a Deadly Weapon. Sexual battery may also be known as rape or sexual assault. 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. Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). Most people do not have access to the resources that prosecutors have. 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. Battery offense implies that the defendant made physical contact with the victim. Your Message Has been Successfully Sent. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. 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. 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. If a person commits this crime with a Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to Contact him today to begin to discuss your case. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. However, the quality of the service you receive can vary drastically. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. ", As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. Contact us for a free consultation. This article was last updated on Friday, January 14, 2022. If a person, while committing the crime of battery : 1. Florida Criminal Lawyer. Your consultation with us will be free and classified. Teen in Vicious Attack on Florida Teacher's Aide to Be Charged as Adult, Given $1M Bond The teen was arrested on a felony aggravated battery with bodily harm People charged with aggravated battery face up to 30 years behind bars. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. Florida Statute Section 784.03(2) might cause a simple misdemeanor battery to be reclassified as a felony because of a prior conviction for battery, aggravated battery, or felony battery. 784.03(2), Fla. 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. This is due to the severity of the crime and potential sentences imposed. Securing professional licenses and/or certifications. Uses a deadly weapon; or 3. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or There are numerous defenses that your criminal defense attorney use for aggravated battery cases. 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. Charged with a Serious Offense? 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. 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. 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. 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. The assault charges will depend on the situation. St. Petersburg, FL 33705 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. Aggravated assault and battery and felony battery charges typically apply in those offenses that involve a weapon, increased harm to a victim, or vulnerable victims. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or The total bail amount for a felony is higher than the total bail amount for a misdemeanor. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. Battery Reclassified as a Felony Because of a Prior Conviction. A felony conviction can seriously impact your life. Firearm possessed during incident Minimum term of 10 years imprisonment These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. Great bodily harm or permanent harm. 784.021 Aggravated assault.. Protected victims. Aggravated and felony penalties apply when the harm or possible harm increases. 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. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. The state of Florida has a bond schedule, set for the different categories of offenses. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. "postalCode": "33607", Using a deadly weapon while committing the offense. Given the severity of the offense, an aggravated battery can result in severe punishments. Confidential or time-sensitive information should not be sent through this website. If you are found to be guilty, you could be ordered to serve up to fifteen (15) years in prison, serve a probation sentence up to fifteen (15) years and pay fines as high as $10,000. The information on this website is for general information purposes only. This is not to say that other firms are not exceptional at what they do, but not all firms have the background that Attorney Rahul Y. Parikh has when it comes to aggravated battery cases. Web2. The Defendant intentionally caused bodily harm to the alleged victim. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. Contact him today to begin to discuss your case. Get a Free Consultation Call Us - Available 24/7. The average total bail amounts for different categories of crimes depend on various factors. The contact you made with the alleged victim was accidental, not intentional. 2021-6. Learn more about the attorney's qualifications and experience in fighting criminal cases. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. "openingHoursSpecification": { He is currently If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. 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. There was no specific intent to cause the level of injury that incurred. "addressCountry": "United States", Start here to find criminal defense lawyers near you. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 88-344; s. 7, ch. Some of the more common defenses include the following: Given the harsh penalties applicable to an Aggravated Battery charge, an attorney is essential to protect the rights and interests of the accused, and to raise all defenses that may be available in such a case. 200 E Robinson Suite 1140Orlando, FL 32801. Confidential. 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. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. While committing the battery the person intentionally or knowingly caused great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim, or used a deadly weapon. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. Home Violent Crimes Battery and Aggravated Battery. Firearm discharged during incident 20 years imprisonment This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. Initial Office Consults are free, and I will make myself available to suit your schedule. "closes": "23:59" 2. WebAggravated battery is an offense that they will be particularly adamant about. 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. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. "sameAs": [ 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. } Tampa, FL 33607 Since the penalties can be harsh when convicted on an aggravated battery charge, it is important to have an experienced Criminal Defense Attorney by your side in court if you are accused of aggravated battery. Under Florida law, a battery charge can be a misdemeanor or felony offense. ], If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. WebAccording to Florida Statute 784.045, a person commits Aggravated Battery in Florida on a Pregnant Woman if the person: Actually and intentionally touches or strikes another 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. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. 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. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. I understand that submission of an online form does not constitute an attorneyclient relationship. "https://twitter.com/goldmanwetzel" Besides these ramifications, being convicted guilty would be permanent on your record. The defenses for these types of offenses will vary depending on the circumstances of each case. 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. In fact, he began his legal career as a prosecutor for Orange County, Florida. 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. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. The student is being charged as an adult and is being held on $1 million bond. 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. You should not rely on this information when making decisions about your case. With compassion and confidence, they zealously represent their clients. Nothing on this site should be taken as legal advice for any individual case or situation. 1. today! afelony of the third degree is reclassified to a felony of the second degree; a felony of the second degree is reclassified to a felony of the first degree; or.

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