That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. Committee 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. Riots. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. 75-298; s. 3, ch. (b) With an intent to commit a felony. WebAggravated battery charges result in more severe penalties than battery. a felony of the first degree is reclassified to a life felony. WebFlorida uses minimum statutory sentences. 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. 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. 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. "@type": "LegalService", In short, an aggravated battery is a more severe form of battery. Contact him today to begin to discuss your case. } "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. Penalties for the offense include Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. Let us put our experience to work for you. For victims between 12 and 18, the crime is a life felony. }, Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. 3d 597, 598-99 (Fla. 4th DCA 2011). Aggravated assault is a third-degree felony under Florida Statute 784.011. If a person commits this crime with a WebFlorida Statutes section 784.045 provides that someone commits aggravated battery when they commit battery by actually and intentionally striking or touching another person against the person's will, and also they knowingly or intentionally cause great bodily harm, permanent disfigurement, or permanent disability. An aggravated battery is generally classified as a second degree felony. WebView Entire Chapter. As you review the penalties below, here are some of the terms you'll encounter and their meanings. The Defendant intentionally caused bodily harm to the alleged victim. (Fla. Stat. 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. Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five 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. 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 battery charges result in more severe penalties than battery. "addressLocality": "Tampa", 400 Clematis St. Suite 206,West Palm Beach, FL 33401. "https://www.goldmanwetzel.com", 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 1. Suite 309 The object used during the incident does not meet the states definition of a deadly weapon. "addressLocality": "Bradenton", The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. The victim identified the wrong defendant, i.e., you have an alibi. You had no way of knowing the alleged victim was pregnant. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. 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. The defenses for these types of offenses will vary depending on the circumstances of each case. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Contact us to talk with a criminal defense attorney to discuss your case today. 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. (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. "Wednesday", A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. "Thursday", 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. Fax: 813.276.1600, Sammis Law Firm Finding the right attorney is an important decision. 400 Clematis Street, Suite 206 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. "streetAddress": "1023 Manatee Ave W, Suite 309", "Sunday" Great bodily harm or permanent harm. St. Petersburg, FL 33705 Home Assault and Battery Aggravated Battery, Tell us about your case. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. This kind of fervor is not seen every day. 784.045(2), Fla. Stat. 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. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", In certain circumstances, a felony conviction also can result in the loss of a professional license. 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. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. WebAggravated battery is a second-degree felony in the state of Florida. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Possession With Intent To Sell, Manufacture or Deliver, Introduction Of Contraband Into Detention Facility, Violation Of A Restricted Drivers License, Giving False Information To Law Enforcement, Improper Exhibition of a Firearm or Weapon. 784.08(2)(a). Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. Court documents obtained by Fox News Digital If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. 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. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. Javascript must be enabled for site search. Tampa, FL 33607 If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. The 17-year-old Depa was charged with aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison, in the attack on a paraprofessional. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. Ronald S. Chapman, P.A. Uses a deadly weapon. 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. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. Initial Office Consults are free, and I will make myself available to suit your schedule. Under Florida law, Aggravated Battery is generally classified as a second degree felony. 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. Using a deadly weapon (a weapon used If you face criminal charges, talk to a criminal defense attorney who knows the local court system. 200 E Robinson Suite 1140Orlando, FL 32801. "dayOfWeek": [ 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. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. 1005 N. Marion St. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. Because of this, he is able to form strategies for his clients defenses that will be the most effective. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. In fact, he began his legal career as a prosecutor for Orange County, Florida. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. The victim was pregnant at the time of the battery; and. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Easy. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. Our attorneys handle cases throughout Northeast and Central Florida. 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. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. Confidential. The journals or printed bills of the respective chambers should be consulted for official purposes. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. Start here to find criminal defense lawyers near you. WebWhat is the legal definition of Aggravated Battery? Copyright 2020 Roundtree Bonding. The assault charges will depend on the situation. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. 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. "streetAddress": "915 1st Ave N", Initial Office Consults are free, and I will make myself available to suit your schedule. 0:51. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. Battering a person who was known to be pregnant. This offense occurs The different types of battery charges in Florida can include: The penalties and punishments depend on the way the offense was charged and whether the person accused has any prior criminal record. 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) Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. Semi-automatic weapon or machine gun possessed 15 years imprisonment Your Message Has been Successfully Sent. 88-344; s. 7, ch. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. Nothing on this site should be taken as legal advice for any individual case or situation. Besides these ramifications, being convicted guilty would be permanent on your record. 74-383; s. 10, ch. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. In order to be considered an aggravated battery, it should be proven that the defendant knew or should have known that the victim was pregnant at the time of the offense. In some states, the information on this website may be considered a lawyer referral service. If you need immediate help, call 321-558-2704. 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? Aggravated Assault, as defined in 784.021, Florida Statutes 3. If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. Aggravated Battery. The defendant, in committing the battery (intentionally striking or causing bodily harm), intentionally or knowingly: (a) caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim, or (b) used a deadly weapon. 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. WebFelony battery is a simple battery enhanced by causing injury to the victim. "telephone": "(727) 828-3900" We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. Illegal Use of Explosives, as defined in 552.22(1) or 790.161(2), (3) or (4), Florida See 948.06(8)(c)(18), Florida Statutes Offenses where NO BOND shall be set until FAH: 1. In other words, an assault requires a threat that causes fear of harm, whereas battery requires offensive or unwanted touching or contact that causes physical harm. 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. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. "postalCode": "34205", Web2. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. 2023 All Rights Reserved. Uses a deadly weapon; or 3. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. Under Florida law, a battery charge can be a misdemeanor or felony offense. b. intentionally caused bodily harm to the victim. 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. 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 . Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. Causing permanent disability or disfigurement. The next step is to appear at a hearing called the first appearance hearing. 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. First and foremost, Attorney Parikh was able to gain invaluable knowledge during his time at the Office of the State Attorney as to how exactly prosecutors approach aggravated battery cases. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. Domestic battery by strangulation. 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. 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. He is currently being held on a $1 million bond according to The Daily Mail. 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. Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. Aggravated assault happens when a simple assault transforms into a more severe act of violence. To all of us, you will never just be a faceless client, but rather a part of our family, that we are determined to protect in every way we can. 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. 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. 2016 - 2023 Law Office of Glenn M. Swiatek. 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. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. Before you decide, schedule an appointment to meet directly with the attorney. If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the Having the early help of a criminal attorney can help you prepare a strong legal defense. Copyright 2000- 2023 State of Florida. Sitemap. 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. Charged with a Serious Offense? 2. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. 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. Florida Statute Section 784.07(2) states that: [w]henever any person is charged with knowingly committing an assault or battery upon a law enforcement officer the offense for which the person is charged shall be reclassified as follows: , (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. Even though you are an intelligent individual, matters of criminal defense may be far beyond your scope of experience, which does not fare well for you if you are being accused of a charge as serious as aggravated battery. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. No intent to cause great bodily harm, disfigurement, etc. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. In Florida, an aggravated battery with a deadly weapon is a second-degree felony which is punishable by up to 15 years of prison and a maximum fine of $10,000. There was no specific intent to cause the level of injury that incurred. 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 element for causing harm or using a weapon. Office: 813.250.0500 Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. Send us a Message to Book Your Free, No-Obligation Consultation Now. Felony battery (F.S. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. We respect your privacy. You did not know your action would result in bodily harm or disability Everyone here at Parikh Law, P.A. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. 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. I understand that submission of an online form does not constitute an attorneyclient relationship. Learn more about the attorney's qualifications and experience in fighting criminal cases. "addressRegion": "FL", You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. 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. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). 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. 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. Your Message Has Not been sent. Battering a pregnant woman. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. 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. 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. (941) 405-5193, 3030 N. Rocky Point Dr You were in fear of your life "streetAddress": "3030 N Rocky Point Dr, Suite 150", According to FSS 784.045 , there are three ways that an attack can be classified as an aggravated battery by the police: The defendant intentionally and knowingly caused great bodily harm, permanent disability, or permanent disfigurement. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. The information you provide will be used to answer your questions or to schedule an appointment if requested. ], 88-344; s. 7, ch. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. 784.021 Aggravated assault.. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. Contact us for a free consultation. 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. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. 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. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. Sentence for Aggravated Battery with a Deadly Weapon. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. Home Violent Crimes Battery and Aggravated Battery. Related Resource: Difference Between Assault and Battery in Florida. knew or should have known the victim was pregnant. For example, pointing a handgun at another person to scare them is considered aggravated assault. The law is constantly changing and evolving. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. A victim of Aggravated Battery on W Commercial Blvd. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. "@type": "OpeningHoursSpecification", { "address": [ "postalCode": "33705", Firearm possessed during incident Minimum term of 10 years imprisonment 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. 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. 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. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. 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. A mandatory minimum sentence Try again later. 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. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. 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. Drop us a line today and schedule a confidential consultation today. Contact him today to begin to discuss your case. "closes": "23:59" They are then responsible for appearing at all court dates until the case is resolved. Firearm discharged during incident 20 years imprisonment - 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. 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. A victim of Aggravated Battery on W Commercial Blvd. Life parole is He is currently 70-63; s. 732, ch. You had no intention to cause bodily harm 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. People charged with aggravated battery face up to 30 years behind bars. 915 1st Ave N 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