Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. Defense of others In Florida, an aggravated battery is a severe offense that can result in harsh penalties. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. No disability, disfigurement or extreme physical harm inflicted upon the supposed victim; You had no intention to touch or strike the alleged victim; There was not a deadly weapon involved in the purported incident, and; The physical altercation between you and the alleged victim was the result of consent or mutual combat. Most people do not have access to the resources that prosecutors have. 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. The incident happened at Matanzas High School in Palm Coast, Florida. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. Skip to Navigation | Skip to Main Content | Skip to Site Map. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. Contact us for a free consultation. 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. Battery on a Law Enforcement Officer under Florida Law. 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. All Rights Reserved. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. Lack of intent You had no intention to cause bodily harm In Florida, the maximum penalties for aggravated battery include: If the offense was committed on a law enforcement officer, the charge can be elevated to a first-degree felony. WebAggravated battery on a pregnant woman is a second-degree felony, punishable by up to fifteen years in prison and up to $10,000 in fines. 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. Related Resource: Difference Between Assault and Battery in Florida. 3. "streetAddress": "1023 Manatee Ave W, Suite 309", The total bail amount for a felony is higher than the total bail amount for a misdemeanor. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. He is currently being held on a $1 million bond according to The Daily Mail. In certain circumstances, a felony conviction also can result in the loss of a professional license. Web2. (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. 75-298; s. 3, ch. Bond agents in Florida are there to help you through the process and post bond on your behalf. It is advised that anyone who has been accused of this crime seek the assistance of a practiced criminal defense in order, in order to decrease the chances of getting stuck with the harshest tentative punishments. Because of this, he is able to form strategies for his clients defenses that will be the most effective. Securing professional licenses and/or certifications. Sitemap. 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. We respect your privacy. ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. Learn more about the attorney's qualifications and experience in fighting criminal cases. 2013 - 2023 Sammis Law Firm P.A. "Sunday" 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 For instance, if the person is charged with a simple assault, the penalties can be up to 6 months in probation, 60 days in jail, and/or a $500 fine. In addition, you may also be accused of aggravated battery if you carried out the act, knowing that the victim was pregnant, or if you used a deadly weapon to carry out the offense. Depa is being held in jail on a $1 million bond. Drop us a line today and schedule a confidential consultation today. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. 71-136; s. 20, ch. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. 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 state of Florida has two classifications regarding assault a felony and a misdemeanor. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. Domestic battery by strangulation. Easy. 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. "Thursday", Intentionally or knowingly touching another person to cause them great bodily harm (i.e., broken bones, substantial bruising, injuries that require surgery, etc), permanent disability, or disfigurement. Under Florida Statutes 784.045, the crime of Aggravated Battery on a Pregnant Victim requires proof of a battery plus proof beyond a reasonable doubt that: Read more about the punishments and penalties for battery on a pregnant female. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. This article discusses aggravated assault and battery and felony battery in Florida. *. }, Web(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The object used during the incident does not meet the states definition of a deadly weapon. 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. Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. "https://twitter.com/goldmanwetzel" 0:10. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Our Attorney Rahul Parikh is a battle-tested Orlando criminal defense attorney, who is dedicated to protecting the freedom, reputation, and constitutional rights of his clients. Contact us to talk with a criminal defense attorney to discuss your case today. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. Battering a pregnant woman. Finding the right attorney is an important decision. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. 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. With compassion and confidence, they zealously represent their clients. Semi-automatic weapon or machine gun possessed 15 years imprisonment Although in the past there was a mandatory minimum prison sentence if a person used a firearm during a battery, the 10-20-Life-Law establishes that the sentencing will be up to the judges discretion. - 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. "addressCountry": "United States", This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South WebThe crime of Aggravated Battery on Person 65 years of age or older is a First Degree Felony that is punishable by up to 30 years in prison and a $10,000 fine. For victims between 12 and 18, the crime is a life felony. The default bonds for misdemeanors are: 1st-degree misdemeanor $500. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. 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. When one person intentionally or knowingly comes into physical contact with another individual against the other persons will, that is considered aggravated battery, as outlined in Florida Statute 784.045. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. today! "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. The average total bail amounts for different categories of crimes depend on various factors. A victim of Aggravated Battery on W Commercial Blvd. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. In fact, Section 901.15(9)(a) provides that anofficer can make an arrest for a misdemeanor simple battery charge if the officer gathers probable cause that the crime occurred outside of the officers presence. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Although you might find links to other websites maintained by public entities or private third parties on this website, the presence of such a link does not imply an endorsement of the third party website or the accuracy of its content. Publications, Help Searching Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) With an intent to commit a felony. 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. "@type": "PostalAddress", In Florida, Aggravated Battery is the intentional touching of another person with the intent to inflict great bodily harm or to use a deadly weapon. 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.. In short, an aggravated battery is a more severe form of battery. 400 Clematis Street, Suite 206 Confidential or time-sensitive information should not be sent through this website. We Defend. 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. "telephone": "(727) 828-3900" The information you provide will be used to answer your questions or to schedule an appointment if requested. 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. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. Battery offense implies that the defendant made physical contact with the victim. Call (561) 832-4348 or visit his website. 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. Aggravated assault is a third-degree felony under Florida Statute 784.011. Riots. 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. As a result, Parikh Law, P.A. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. David Robert Andrus, 41, of Summerfield, was at the wheel of the silver Chevy pickup shortly before 9 p.m. Sunday on State Road 25 near Eagles Nest Road when a Fruitland Park police officer noticed the In some states, the information on this website may be considered a lawyer referral service. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", 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. 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. 3d 597, 598-99 (Fla. 4th DCA 2011). Home Assault and Battery Aggravated Battery, Tell us about your case. }, 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. (941) 405-5193, 3030 N. Rocky Point Dr "addressRegion": "FL", When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. The attorney listings on this site are paid attorney advertising. The information on this website is for general information purposes only. 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. Stat.) knew or should have known the victim was pregnant. 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. 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. Nothing on this site should be taken as legal advice for any individual case or situation. 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. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Having the early help of a criminal attorney can help you prepare a strong legal defense. People charged with aggravated battery face up to 30 years behind bars. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. An aggravated battery is generally classified as a second degree felony. 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. In Florida, Aggravated Battery is the intentional touching of another person with the intent to inflict great bodily harm or to use a deadly weapon. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. Besides these ramifications, being convicted guilty would be permanent on your record. That said, having an attorney puts you at an advantage, since they will be able to fully review your case and find out which defense, or defenses, would be the strongest in your particular case. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. They are then responsible for appearing at all court dates until the case is resolved. 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) on Feb. 26. Start here to find criminal defense lawyers near you. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. 74-383; s. 10, ch. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. 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. He is currently being held on a $1 million bond according to The Daily Mail. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. Felony battery (F.S. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. and you also find beyond a reasonable doubt that during the commission of the crime the defendant committed an aggravated battery, you should find the defendant guilty of (felony) with an aggravated battery. 88-344; s. 7, ch. WebSimple assault is a second-degree misdemeanor. 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. Life parole is The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. When the aggravated battery is committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01, the aggravated battery is ranked one level above the ranking under s. 921.0022 for the offense committed. "addressCountry": "United States", WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. "streetAddress": "915 1st Ave N", 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. 200 E Robinson Suite 1140Orlando, FL 32801. 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. To learn more about the process to obtain an aggravated battery bail bond, contact us today. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. 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. 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. 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. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. Send us a Message to Book Your Free, No-Obligation Consultation Now. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. However, the quality of the service you receive can vary drastically. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. The state of Florida has a bond schedule, set for the different categories of offenses. ], Committing battery in furtherance of a riot also constitutes felony battery. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. WebAggravated battery is an offense that they will be particularly adamant about. Each aggravated battery case is different. You had no way of knowing the alleged victim was pregnant. 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. { If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. If a person commits this crime with a Copyright 2000- 2023 State of Florida. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. 561-832-4348. Firearm possessed during incident Minimum term of 10 years imprisonment 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. Goldman Wetzel is a criminal law firm that represents individuals facing charges for violent crimes in St. Petersburg, Bradenton, Pinellas County, Tampa, Sarasota, Clearwater and surrounding areas. 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 Battery Reclassified as a Felony Because of a Prior Conviction. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. 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. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. "postalCode": "34205", The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. 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. "addressLocality": "St. Petersburg", Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South 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. Uses a deadly weapon; or 3. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. This offense occurs Everyone here at Parikh Law, P.A. 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 "@type": "PostalAddress", "addressRegion": "FL", We provide free initial consultations to discuss the charges against you and possible defenses. 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. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", 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. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. 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. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. The victim identified the wrong defendant, i.e., you have an alibi. You should not rely on this information when making decisions about your case. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. "addressLocality": "Tampa", Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. The defendant knew or should have known that the victim was pregnant at the time the battery was committed. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. The defenses for these types of offenses will vary depending on the circumstances of each case. WebAggravated battery charges result in more severe penalties than battery. Your consultation with us will be free and classified. Our attorneys handle cases throughout Northeast and Central Florida.