aggravated battery florida bond aggravated battery florida bond

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 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. Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. }, 561-832-4348. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. 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. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery. 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 Assault, as defined in 784.021, Florida Statutes 3. Having the early help of a criminal attorney can help you prepare a strong legal defense. 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. 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) 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 We Defend. }, 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. Quick. Court documents obtained by Fox News Digital Confidential. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. WebAggravated battery is an offense that they will be particularly adamant about. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. 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. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a The felony battery statute, section 784.041, provides as follows: (1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the will of the other; (b) Causes great bodily harm, permanent disability, or permanent disfigurement. a felony of the first degree is reclassified to a life felony. Depa is being held in jail on a $1 million bond. 200 E Robinson Suite 1140Orlando, FL 32801. "https://www.goldmanwetzel.com", 784.08(2)(a). Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. Get Directions. Your Message Has been Successfully Sent. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. 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. 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. Additionally, this could include a death. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. 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. "name": "Goldman Wetzel", Call us to schedule a time to talk with the attorneys in the office or over the phone. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. 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? A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. The victim was at the time over 65 years of age. 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. 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. Because an aggravated battery charge carries life-long consequences, its important to secure your friend or family members release so they can attend to personal affairs. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. Since these are separate offenses, it is important to understand what an aggravated battery is 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. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. Under the law, Aggravated Battery occurs where a defendant intentionally touches or strikes another person and, in doing so: To prove the crime of Aggravated Battery at trial, the prosecution must establish the following two elements beyond a reasonable doubt: For purposes of an Aggravated Battery prosecution, a weapon is considered a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. WebAggravated battery is a second-degree felony in the state of Florida. Protected victims. 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. WebAggravated battery charges result in more severe penalties than battery. Committing battery in furtherance of a riot also constitutes felony 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. 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. 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. 2013 - 2023 Sammis Law Firm P.A. You should not rely on this information when making decisions about your case. He is currently 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. LocationJacksonvilleOrlando Aggravated Battery, as defined in 784.045, Florida Statutes 4. ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. 784.045(2), Fla. Stat. 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. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. 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. 2021-6. 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. Please leave this field empty. The journals or printed bills of the respective chambers should be consulted for official purposes. In some states, the information on this website may be considered a lawyer referral service. 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. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. If a person, while committing the crime of battery : 1. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South 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. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. "@type": "LegalService", People charged with aggravated battery face up to 30 years behind bars. "@type": "PostalAddress", "addressCountry": "United States", You were in fear of your life WebA person can commit the crime of aggravated battery in one of three ways in Florida. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. Start here to find criminal defense lawyers near you. Great bodily harm or permanent harm. 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. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. 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. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. 74-383; s. 10, ch. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. 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. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. The average total bail amounts for different categories of crimes depend on various factors. "addressCountry": "United States", 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. Skip to Navigation | Skip to Main Content | Skip to Site Map. 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. 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. As a result, Parikh Law, P.A. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or I understand that submission of an online form does not constitute an attorneyclient relationship. Using a deadly weapon (a weapon used 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, Aggravated battery charges result in more severe penalties than battery. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 3. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. "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. 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. Sexual battery may also be known as rape or sexual assault. Florida Charges for Aggravated Battery on a Pregnant Female. The defendant knew or should have known that the victim was pregnant at the time the battery was committed. In Florida, the maximum penalties for aggravated battery include: 15 years Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. }, Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. Battery on a Law Enforcement Officer under Florida Law. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. 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. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Bradenton, FL 34205 75-298; s. 3, ch. If you're in a hurry to find the penalties, skip down to the following sections. 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. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. "postalCode": "33607", ] 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. If you are charged with a crime or being investigated for a crime, it is important to talk with a criminal defense attorney directly about the particular facts and circumstances of your case. "streetAddress": "1023 Manatee Ave W, Suite 309", 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. There was no specific intent to cause the level of injury that incurred. All Rights Reserved. "sameAs": [ We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. surrounding areas nearby on Florida's Panhandle. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. *. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. Tampa, FL 33602 If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. Contacting us does not create an attorney-client relationship. A victim of Aggravated Battery on W Commercial Blvd. Easy. 784.021 Aggravated assault.. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. "streetAddress": "915 1st Ave N", Because of this, he is able to form strategies for his clients defenses that will be the most effective. "postalCode": "33705", 400 Clematis Street, Suite 206 2023 All Rights Reserved. Attorney Parikh has not always been in private practice. "@type": "PostalAddress", "@type": "OpeningHoursSpecification", Contact him today to begin to discuss your case. 71-136; s. 20, ch. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. We respect your privacy. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Suite 309 { Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. Try again later. A 17-year-old high school student is facing felony assault charges after video showed him attacking a school employee who took away his Nintendo Switch The assault charges will depend on the situation. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. Securing professional licenses and/or certifications. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Publications, Help Searching 2016 - 2023 Law Office of Glenn M. Swiatek. At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. 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. 1. "dayOfWeek": [ The Defendant intentionally caused bodily harm to the alleged victim. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. No intent to cause great bodily harm, disfigurement, etc. In fact, he began his legal career as a prosecutor for Orange County, Florida. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. Felony convictions are not simply a mark on your permanent criminal record, but they can also be a detriment to your life in a myriad of other ways outside of the Florida criminal justice system. Aggravated Battery. 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. As you review the penalties below, here are some of the terms you'll encounter and their meanings. Besides these ramifications, being convicted guilty would be permanent on your record. (Fla. Stat. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. The information you provide will be used to answer your questions or to schedule an appointment if requested. Home Assault and Battery Aggravated Battery, Tell us about your case. 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. We update the information on this website periodically, but the information on this site should not be used as legal advice for your personal problem. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. Battery Reclassified as a Felony Because of a Prior Conviction. "address": [ "Thursday", A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. "streetAddress": "3030 N Rocky Point Dr, Suite 150", | Privacy Policy | Disclaimer Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense 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. b. intentionally caused bodily harm to the victim. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. 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. He is currently being held on a $1 million bond according to The Daily Mail. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Battering a person who was known to be pregnant. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. "addressLocality": "Tampa", Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. 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. This is due to the severity of the crime and potential sentences imposed. The state of Florida has a bond schedule, set for the different categories of offenses. (b) With an intent to commit a felony. "Monday", "telephone": "(941) 405-5193" "Sunday" ], The defenses for these types of offenses will vary depending on the circumstances of each case. The incident happened at Matanzas High School in Palm Coast, Florida. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. In certain circumstances, a felony conviction also can result in the loss of a professional license. Contact him today to begin to discuss your case. Each aggravated battery case is different. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. 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. Under Florida law, Aggravated Battery is generally classified as a second degree felony. You had no intention to cause bodily harm If a person commits this crime with a Web2. 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. Committee If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. We provide free initial consultations to discuss the charges against you and possible defenses. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. Javascript must be enabled for site search. 70-63; s. 732, ch. 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. 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.. 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. 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. Your Message Has Not been sent. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", 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. 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. If you are facing criminal charges in Florida, Ronald Chapman can help. 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. They are then responsible for appearing at all court dates until the case is resolved. "https://twitter.com/goldmanwetzel" 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. "telephone": "(813) 391-8051" A second or subsequent battery offense (including simple battery) results in felony battery charges. In other words, in Florida, aggravated battery on a law enforcement officer is punishable by up to 30 years of imprisonment (5 years of minimum sentence) and a maximum fine of $10,000. The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. 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. 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. 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. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel.