"telephone": "(941) 405-5193" "postalCode": "33705", 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. "addressRegion": "FL", Schedule your FREE Consultation! 75-298; s. 3, ch. Contact him today to begin to discuss your case. In other words, an aggravated battery with a deadly weapon means that the defendant intentionally and unlawfully touched or struck a person, while using a deadly weapon. 71-136; s. 20, ch. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. 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. Initial Office Consults are free, and I will make myself available to suit your schedule. 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. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Firearm possessed during incident Minimum term of 10 years imprisonment (Fla. Stat. Under Florida Statute 784.03, the offense of Battery (often called simple battery) requires that the prosecutor prove the following elements beyond a reasonable doubt: The crime of simple battery is charged as a first degree misdemeanor punishable by up to 12 months in jail. Disclaimer: The information on this system is unverified. 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. (Fla. Stat. 2013 - 2023 Sammis Law Firm P.A. { "addressLocality": "St. Petersburg", Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. 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. You were in fear of your life If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. 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. 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. Aggravated assault is a third-degree felony under Florida Statute 784.011. 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.. Aggravated Battery. 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. Call Musca Law today at 888-484-5057 to schedule an appointment. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. If you're in a hurry to find the penalties, skip down to the following sections. Related Resource: Difference Between Assault and Battery in Florida. WebA person can commit the crime of aggravated battery in one of three ways in Florida. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. 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. "name": "Goldman Wetzel", Contacting us does not create an attorney-client relationship. 3d 597, 598-99 (Fla. 4th DCA 2011). 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. a felony of the first degree is reclassified to a life felony. (888) 727-4652, 2020 Goldman Wetzel, PLLC. There are certain requirements the prosecution must meet in order to attain a legitimate guilty Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. 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. Florida prosecutors have had years of education and experience, which can be almost impossible to go up against if you do not have the same. 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. Copyright 2020 Roundtree Bonding. Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. 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. Copyrights 2022. 784.045(2), Fla. Stat. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). Initial Office Consults are free, and I will make myself available to suit your schedule. Send us a Message to Book Your Free, No-Obligation Consultation Now. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. Sentence for Aggravated Battery with a Deadly Weapon. Felony battery in Florida involves any of the following circumstances. See Knowles v. State, 65 So. Looking forward to speaking with you soon. "addressCountry": "United States", Aggravated and felony penalties apply when the harm or possible harm increases. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. 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 Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. Please leave this field empty. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. ], Yet, if a bondsman puts up the full bond amount to secure the friend or family members release, a 10 percent non-refundable bond fee will be assessed. 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. - 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. They will be working hard to prove their case, which is another key reason why you should obtain the services of a criminal defense attorney who will work even more diligently to prove your innocence. Get a Free Consultation Call Us - Available 24/7. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. Consent or mutual contact Uses a deadly weapon; or. ", Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. WebFlorida uses minimum statutory sentences. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", The defenses for these types of offenses will vary depending on the circumstances of each case. All Rights Reserved. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. "@type": "LegalService", Sitemap. Riots. 1. 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. If the assault escalates to a 3rd-degree felony, its considered an aggravated assault and the total bail amount can be set in the $10,000 range. Minimum sentences may also apply. As you review the penalties below, here are some of the terms you'll encounter and their meanings. Get a Free Case Evaluation 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. 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. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. David Robert Andrus. Home Violent Crimes Battery and Aggravated Battery. Uses a deadly weapon; or 3. Non-consensual contact of a sexual nature using any object also qualifies for this charge. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. Having the early help of a criminal attorney can help you prepare a strong legal defense. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Domestic battery by strangulation. WebAggravated battery is a second-degree felony in the state of Florida. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. is dedicated to your defense and will go the extra mile to make sure that you are being listened to, informed and defended to the highest extent. "addressRegion": "FL", Easy. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. You had no intention to cause bodily harm 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. 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. "@type": "OpeningHoursSpecification", 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 next step is to appear at a hearing called the first appearance hearing. The assault charges will depend on the situation. 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 result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. Finding the right attorney is an important decision. The law is constantly changing and evolving. This kind of fervor is not seen every day. Quick. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South People charged with aggravated battery face up to 30 years behind bars. today! "addressCountry": "United States", And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. Aggravated Assault, as defined in 784.021, Florida Statutes 3. "Friday", In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. Your consultation with us will be free and classified. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. St. Petersburg, FL 33705 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. The 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. Before you decide, schedule an appointment to meet directly with the attorney. Because of this, he is able to form strategies for his clients defenses that will be the most effective. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. WebDefinition of Aggravated Battery on a Pregnant Woman Florida Statute 784.045(2)(b) Under FSS 784.045(2)(b), 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. "url": "https://www.goldmanwetzel.com", 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. }, Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. He is currently being held on a $1 million bond according to The Daily Mail. 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. For victims between 12 and 18, the crime is a life felony. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. "sameAs": [ The state of Florida has a bond schedule, set for the different categories of offenses. "@context": "http://www.schema.org", }, Bond agents in Florida are there to help you through the process and post bond on your behalf. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Web2. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. Publications, Help Searching 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. Court documents obtained by Fox News Digital In order to help you understand these charges, below there is more information regarding the definition of aggravated battery, the penalties for these charges and some possible defenses. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. Under Florida law, Aggravated Battery is generally classified as a second degree felony. Your Message Has been Successfully Sent. Our team is commited to your best outcome. USA TODAY is not naming the student because the teen is a minor. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. WebSimple assault is a second-degree misdemeanor. If you need immediate help, call 321-558-2704. 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. Get Directions. Since your whole future is at stake if you are currently being accused of aggravated battery, it is in your best interest to retain the services of a criminal defense attorney who has what it takes to defend your rights. You did not know your action would result in bodily harm or disability 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 defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. "opens": "00:00", A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. b. used a deadly weapon, which is a weapon that was used or threatened to be used in a manner likely to cause great bodily harm or death. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. 2. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Below, you'll find explanations of terms used in the laws for assault and battery. Try again later. Learn more about the attorney's qualifications and experience in fighting criminal cases. Stat.) Furthermore, Mr. Parikh could have simply ridden out his legal career as a prosecutor, but he chose, to pursue criminal defense. The victim was pregnant at the time of the battery; and. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. "https://www.goldmanwetzel.com", Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. Suite 150 Suite 309 However, the quality of the service you receive can vary drastically. 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. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense Aggravated Battery, as defined in 784.045, Florida Statutes 4. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. 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. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Everyone here at Parikh Law, P.A. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. 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. 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. 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. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. If you have been arrested or believe you will soon be arrested for the offense of aggravated battery on person 65 years of age or older in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850)6090940 or contact us online. I understand that submission of an online form does not constitute an attorneyclient relationship. }, 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. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. 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 Florida, an aggravated battery is a severe offense that can result in harsh penalties. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", 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. "https://twitter.com/goldmanwetzel" 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. WebAggravated battery is an offense that they will be particularly adamant about. The Defendant intentionally caused bodily harm to the alleged victim. "telephone": "(813) 391-8051" Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. Each aggravated battery case is different. Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. He is currently 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. In certain circumstances, a felony conviction also can result in the loss of a professional license. In some states, the information on this website may be considered a lawyer referral service. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. Also, a specific situation is aggravated battery against a pregnant woman occurs when a person commits battery while knowing or should have known the woman was pregnant. Any crime that involves a physical attack is defined as an assault. Felony battery (F.S. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator.
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