aggravated battery florida bond

Statutes: FS 784.011 Assault. The object used during the incident does not meet the states definition of a deadly weapon. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. 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. 561-832-4348. 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. 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. "https://www.goldmanwetzel.com", Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. ], For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. Schedule your FREE Consultation! 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. It is advised that anyone who has been accused of this crime seek the assistance of a practiced criminal defense in order, in order to decrease the chances of getting stuck with the harshest tentative punishments. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Send us a Message to Book Your Free, No-Obligation Consultation Now. People charged with aggravated battery face up to 30 years behind bars. Our team is commited to your best outcome. 2023 All Rights Reserved. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. Let us put our experience to work for you. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. "Sunday" 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. 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.. 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. Skip to Navigation | Skip to Main Content | Skip to Site Map. Enhanced penalties apply for assault or battery against a vulnerable victim. knew or should have known the victim was pregnant. Before you decide, schedule an appointment to meet directly with the attorney. 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). All Rights Reserved. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Get a Free Consultation Call Us - Available 24/7. ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. A person who commits simple battery against a victim in a protected class (see examples above) faces 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. I understand that submission of an online form does not constitute an attorneyclient relationship. Repeat battery offenses. Given the severity of the offense, an aggravated battery can result in severe punishments. 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. 1005 N. Marion St. This aggravating factor causes the reclassification of the underlying felony as follows: If you have been arrested for battery or aggravated battery, contact an experienced criminal defense attorney in Tampa to discuss your case. Riots. This type of assault can occur with a deadly weapon, like a rock, firearm, knife, etc. 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. WebView Entire Chapter. 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 person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. Lack of intent 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. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 200 E Robinson Suite 1140Orlando, FL 32801. An aggravated battery is generally classified as a second degree felony. WebDefinition of Aggravated Battery on a Pregnant Woman Florida Statute 784.045(2)(b) Under FSS 784.045(2)(b), A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. Statutes, Video Broadcast A second or subsequent battery offense (including simple battery) results in felony battery charges. (b) With an intent to commit a felony. Sentence for Aggravated Battery with a Deadly Weapon. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Fax: 813.276.1600, Sammis Law Firm Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, Committee 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. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. 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. 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. Your consultation with us will be free and classified. Contacting us does not create an attorney-client relationship. Contact him today to begin to discuss your case. Related Resource: Difference Between Assault and Battery in Florida. Sexual battery may also be known as rape or sexual assault. Battering a pregnant woman. 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. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. The next step is to appear at a hearing called the first appearance hearing. 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. Being moved by the way that peoples lives were affected by being convicted guilty of crimes, such as aggravated battery, he was called to step up and advocate for those people. 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. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. 2021-6. Depa is being held in jail on a $1 million bond. The information on this website is for general information purposes only. There are various types of assault battery, simple assault, and aggravated assault. "addressRegion": "FL", 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). 75-298; s. 3, ch. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 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. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. 784.021 Aggravated assault.. The assault charges will depend on the situation. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. There are certain requirements the prosecution must meet in order to attain a legitimate guilty Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Battering a person who was known to be pregnant. If youve been arrested on charges of assault in Florida, you can hire a local bail bondsman to post bond on your behalf for a nonrefundable fee that is equal to 10% of the total bail amount. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. Since there is not a clear definition of what a deadly weapon is, you should speak to a battery attorney so they can examine the circumstances of your case. Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. Aggravated battery is an offense that they will be particularly adamant about. In certain circumstances, a felony conviction also can result in the loss of a professional license. Call (561) 832-4348 or visit his website. 2013 - 2023 Sammis Law Firm P.A. Aggravated Assault, as defined in 784.021, Florida Statutes 3. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. All Rights Reserved. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a Protected victims. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Attorney Parikh has not always been in private practice. Having the early help of a criminal attorney can help you prepare a strong legal defense. WebUnder Florida Code 784.045 an individual can be charged with aggravated battery if he or she commits one of the following: A battery wherein he or she intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement A battery using a deadly weapon A battery against a pregnant individual "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. 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. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. 1. Unlike battery, assault does not imply bodily harm or physical contact to the victim. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. 784.045(2), Fla. Stat. ] In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. We would be honored to welcome you to our family and be able to see you through this dire time in your life. He is currently being held on a $1 million bond according to The Daily Mail. 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. Aggravated battery occurs if the offender: A conviction for aggravated battery carries second-degree felony penalties of up to 15 years in prison and a $10,000 fine. "postalCode": "33607", 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 lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. Your Message Has Not been sent. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. With compassion and confidence, they zealously represent their clients. 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. 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. 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. "address": [ ", 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. Aggravated Battery. 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. 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. 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. Tampa, FL 33607 88-344; s. 7, ch. 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. 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) You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. 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. 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. 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. Using a deadly weapon while committing the offense. 71-136; s. 20, ch. 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. Penalties for the offense include Home Violent Crimes Battery and Aggravated Battery. In fact, he began his legal career as a prosecutor for Orange County, Florida. 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. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. "streetAddress": "3030 N Rocky Point Dr, Suite 150", Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. "postalCode": "33705", 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. WebSimple assault is a second-degree misdemeanor. Besides these ramifications, being convicted guilty would be permanent on your record. "addressRegion": "FL", 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. In some states, the information on this website may be considered a lawyer referral service. 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. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", "postalCode": "34205", Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. Causing permanent disability or disfigurement. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. A mandatory minimum sentence 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. If you need immediate help, call 321-558-2704. "addressRegion": "FL", No intent to cause great bodily harm, disfigurement, etc. That person committed an assault. b. intentionally caused bodily harm 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. 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. Life parole is Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. 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. 2nd Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. 915 1st Ave N A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. 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. A victim of Aggravated Battery on W Commercial Blvd. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. St. Petersburg, FL 33705 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. 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. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. }, They are then responsible for appearing at all court dates until the case is resolved. "https://www.facebook.com/goldmanwetzel/", Drop us a line today and schedule a confidential consultation today. Each aggravated battery case is different. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. 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. Bradenton, FL 34205 However, the quality of the service you receive can vary drastically. 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 on Person 65 or Older. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. 71-136; s. 20, ch. 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 Because of this, he is able to form strategies for his clients defenses that will be the most effective. surrounding areas nearby on Florida's Panhandle. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. 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. 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. 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. 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. USA TODAY is not naming the student because the teen is a minor. The victim was pregnant at the time of the battery; and. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. Battery Reclassified as a Felony Because of a Prior Conviction. 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. "Tuesday", 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. }, Stat.) The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. Below, you'll find explanations of terms used in the laws for assault and battery. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. Get Directions. Sitemap. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. Charged with a Serious Offense? Aggravated assault is a third-degree felony under Florida Statute 784.011. If you are facing criminal charges in Florida, Ronald Chapman can help. 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. Minimum sentences may also apply. To learn more about the process to obtain an aggravated battery bail bond, contact us today. There was no specific intent to cause the level of injury that incurred. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. WebAggravated battery charges result in more severe penalties than battery. The penalties 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. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. The information you provide will be used to answer your questions or to schedule an appointment if requested. As you review the penalties below, here are some of the terms you'll encounter and their meanings.