Florida Aggravated Battery The state of Florida has a bond schedule, set for the different categories of offenses. The next step is to appear at a hearing called the first appearance hearing. You did not know your action would result in bodily harm or disability For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. 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. Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. 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. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. Aggravated battery must be proven beyond a reasonable doubt that the defendant intentionally struck the victim and intentionally caused bodily harm or permanent disability while committing battery. Copyright 2000- 2023 State of Florida. 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. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). "@type": "PostalAddress", WebAggravated battery is an offense that they will be particularly adamant about. (941) 405-5193, 3030 N. Rocky Point Dr Florida Criminal Lawyer. 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. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. St. Petersburg, FL 33705 Aggravated Battery Felony battery (F.S. "postalCode": "33607", Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. "@context": "http://www.schema.org", - 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. Easy. Committee 2016 - 2023 Law Office of Glenn M. Swiatek. 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). 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. Battery on a Law Enforcement Officer under Florida Law. "@type": "PostalAddress", Uses a deadly weapon. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Florida Student, 17, Who Attacked Teacher to Be Tried as Adult The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. 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. 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. 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. 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. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. You had no intention to cause bodily harm "addressLocality": "Bradenton", A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. 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. 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. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. Get a Free Case Evaluation That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. 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. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. *. Aggravated Battery The average total bail amounts for different categories of crimes depend on various factors. At Parikh Law, P.A., we remain dedicated to helping people just like you. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. 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. is - ASSAULT; BATTERY; CULPABLE NEGLIGENCE Convicted felons in Florida are barred from doing things, such as: As you can see, these are not just penalties that will impact your life while the case is pending, but can permanently alter the course of your life. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. People charged with aggravated battery face up to 30 years behind bars. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. According to the Florida Statute 784.045, an aggravated battery is the offense of: In Nguyen v. the State of Florida, the court stated that an aggravated battery causing great bodily harm means that the harm inflicted has to be more severe than slight, trivial, or minor harm. Having the early help of a criminal attorney can help you prepare a strong legal defense. Florida WebSimple assault is a second-degree misdemeanor. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. Florida Aggravated Assault and Battery Laws Statutes: FS 784.011 Assault. "telephone": "(941) 405-5193" "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", "dayOfWeek": [ A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. 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. Aggravated battery charges result in more severe penalties than battery. Battery Drop us a line today and schedule a confidential consultation today. 561-832-4348. With compassion and confidence, they zealously represent their clients. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. What is aggravated Battery on Person 65 Years of Age or Get Directions. today! 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. BOND 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. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. Sexual battery may also be known as rape or sexual assault. 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. No intent to cause great bodily harm, disfigurement, etc. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the Schedule your FREE Consultation! Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. 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. "streetAddress": "1023 Manatee Ave W, Suite 309", Confidential or time-sensitive information should not be sent through this website. Battering a person who was known to be pregnant. 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. 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. Battery offense implies that the defendant made physical contact with the victim. Initial Office Consults are free, and I will make myself available to suit your schedule. Besides these ramifications, being convicted guilty would be permanent on your record. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. "addressRegion": "FL", }, 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. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. Depa is being held in jail on a $1 million bond. He is currently being held on a $1 million bond according to The Daily Mail. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. 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. Copyrights 2022. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. Let us put our experience to work for you. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. } bond A felony conviction can seriously impact your life. 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. "addressLocality": "Tampa", surrounding areas nearby on Florida's Panhandle. Web2. Riots. He is currently being held on a $1 million bond according to The Daily Mail. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. 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. 2021-6. Florida This crime differs from aggravated battery in that felony battery doesn't require proof that the offender intended the harm, only that the touching was intentional and harm resulted. Aggravated assault is a third-degree felony under Florida Statute 784.011. 1005 N. Marion St. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. There are certain requirements the prosecution must meet in order to attain a legitimate guilty Enhanced penalties apply for assault or battery against a vulnerable victim. LocationJacksonvilleOrlando 74-383; s. 10, ch. 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. Bonds 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. 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. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. 0:10. a felony of the first degree is reclassified to a life felony. Overview of Florida Assault and Battery Charges 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 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. 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. For victims between 12 and 18, the crime is a life felony. The student is being charged as an adult and is being held on $1 million bond.