surrounding areas nearby on Florida's Panhandle. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, "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. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. "Saturday", For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a They are then responsible for appearing at all court dates until the case is resolved. 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. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. 400 Clematis Street, Suite 206 The defendant knew or should have known that the victim was pregnant at the time the battery was committed. Initial Office Consults are free, and I will make myself available to suit your schedule. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. 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. Each aggravated battery case is different. 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. "sameAs": [ For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. Intentionally or knowingly touching another person to cause them great bodily harm (i.e., broken bones, substantial bruising, injuries that require surgery, etc), permanent disability, or disfigurement. Under Florida Statutes 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. WebView Entire Chapter. "Thursday", Felony battery (F.S. 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. In fact, he began his legal career as a prosecutor for Orange County, Florida. 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. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. As a result, Parikh Law, P.A. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. Charged with a Serious Offense? ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. Nothing on this site should be taken as legal advice for any individual case or situation. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. The average total bail amounts for different categories of crimes depend on various factors. | Privacy Policy | Disclaimer Uses a deadly weapon; or. ], Javascript must be enabled for site search. Ronald S. Chapman, P.A. Battery offense implies that the defendant made physical contact with the victim. { 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. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. The incident happened at Matanzas High School in Palm Coast, Florida. 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 If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. (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. No disability, disfigurement or extreme physical harm inflicted upon the supposed victim; You had no intention to touch or strike the alleged victim; There was not a deadly weapon involved in the purported incident, and; The physical altercation between you and the alleged victim was the result of consent or mutual combat. A victim of Aggravated Battery on W Commercial Blvd. 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. 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.. "telephone": "(727) 828-3900" They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. "addressLocality": "St. Petersburg", 71-136; s. 20, ch. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. 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. 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 object used during the incident does not meet the states definition of a deadly weapon. 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. As you review the penalties below, here are some of the terms you'll encounter and their meanings. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. 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. 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. Easy. Any act of battery upon another person under 784.03, however, is found on a list of 22 statutory exceptions to the warrantless arrest rule found in Section 901.15, F.S. "@type": "LegalService", Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. 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 The name of the jail where the friend or family member is being held in custody. There are certain requirements the prosecution must meet in order to attain a legitimate guilty Copyrights 2022. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. 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. (888) 727-4652, 2020 Goldman Wetzel, PLLC. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. You did not know your action would result in bodily harm or disability And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. 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. "Tuesday", 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. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. 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. The information on this website is for general information purposes only. - 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. 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. Nolan C. Love, 46, appeared in court Friday for a bond review hearing after being charged with aggravated domestic battery involving strangulation (Class 2 felony) on Feb. 26. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. 75-298; s. 3, ch. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. Firearm possessed during incident Minimum term of 10 years imprisonment ], 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. 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. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. Repeat battery offenses. This offense occurs Domestic battery by strangulation. Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. We Defend. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Web2. WebFlorida uses minimum statutory sentences. Bond agents in Florida are there to help you through the process and post bond on your behalf. Battery on a Law Enforcement Officer under Florida Law. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. "https://www.facebook.com/goldmanwetzel/", { When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. 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 . Aggravated battery is an offense that they will be particularly adamant about. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. Send us a Message to Book Your Free, No-Obligation Consultation Now. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. } This article was last updated on Friday, January 14, 2022. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. 561-832-4348. 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. Tampa, FL 33602 Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense 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. "Sunday" Given the severity of the offense, an aggravated battery can result in severe punishments. All Rights Reserved. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. 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. David Robert Andrus. 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. Schedule your FREE Consultation! Our attorneys handle cases throughout Northeast and Central Florida. Contact him today to begin to discuss your case. 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. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. 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. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. 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. "closes": "23:59" }, There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. A felony conviction can seriously impact your life. "https://www.goldmanwetzel.com", 74-383; s. 10, ch. 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 defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. 2021-6. 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. "addressRegion": "FL", 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. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. 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. "streetAddress": "1023 Manatee Ave W, Suite 309", "@type": "PostalAddress", 784.045(2), Fla. Stat. b. intentionally caused bodily harm to the victim. Enhanced penalties apply for assault or battery against a vulnerable victim. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. Quick. WebAggravated battery is a second-degree felony in the state of Florida. a felony of the first degree is reclassified to a life felony. 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. Our team is commited to your best outcome. 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. Semi-automatic weapon or machine gun possessed 15 years imprisonment 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 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. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. 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. 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.. A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. 1005 N. Marion St. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. 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. 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. The Defendant intentionally caused bodily harm to the alleged victim. If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Uses a deadly weapon; or 3. ", "address": [ WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. Everyone here at Parikh Law, P.A. Statutes, Video Broadcast The sheriff's office said the student is charged with felony aggravated battery with bodily harm. "addressRegion": "FL", The default bonds for misdemeanors are: 1st-degree misdemeanor $500. 784.08(2)(a). There are various types of assault battery, simple assault, and aggravated assault. Aggravated Battery with a Firearm is technically the same offense as Aggravated Battery with a Deadly Weapon. Aggravated Battery. If you're in a hurry to find the penalties, skip down to the following sections. Under Florida law, a battery charge can be a misdemeanor or felony offense. "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. 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. When one person intentionally or knowingly comes into physical contact with another individual against the other persons will, that is considered aggravated battery, as outlined in Florida Statute 784.045. Aggravated assault is a third-degree felony under Florida Statute 784.011. 70-63; s. 732, ch. 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 These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. 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. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. People charged with aggravated battery face up to 30 years behind bars. A victim of Aggravated Battery on W Commercial Blvd. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). WebAggravated battery is a serious charge and is a second-degree felony which has a maximum punishment of 15 year in prison and a $10,000 fine. However, the quality of the service you receive can vary drastically. The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. He is currently being held on a $1 million bond according to The Daily Mail. So, when our firm takes on a new aggravated battery case, one of the first things we do is look for any holes in the prosecutors case. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. WebAggravated battery charges result in more severe penalties than battery. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or In Florida, the maximum penalties for aggravated battery include: 15 years West Palm Beach, FL 33401 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. *. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. This website is maintained by Jason D. Sammis and Leslie M. Sammis. 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. Depa is being held in jail on a $1 million bond. No intent to cause great bodily harm, disfigurement, etc. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South Fax: 813.276.1600, Sammis Law Firm WebWhat is the legal definition of Aggravated Battery? today! Committing battery in furtherance of a riot also constitutes felony battery. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. At Parikh Law, P.A., we remain dedicated to helping people just like you. Looking forward to speaking with you soon. This is due to the severity of the crime and potential sentences imposed. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", When the aggravated battery is committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01, the aggravated battery is ranked one level above the ranking under s. 921.0022 for the offense committed. 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. Stat.) The state of Florida has two classifications regarding assault a felony and a misdemeanor. In certain circumstances, a felony conviction also can result in the loss of a professional license. You should not rely on this information when making decisions about your case. "@type": "PostalAddress", 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. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. Court documents obtained by Fox News Digital 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.