aggravated battery florida bond aggravated battery florida bond

The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. 1. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. A mandatory minimum sentence And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. 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. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. Copyright 2000- 2023 State of Florida. 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. "telephone": "(727) 828-3900" 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. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. They are then responsible for appearing at all court dates until the case is resolved. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. 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. You had no intention to cause bodily harm If you're in a hurry to find the penalties, skip down to the following sections. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. In short, an aggravated battery is a more severe form of battery. Protected victims. 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. 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. Battering a person who was known to be pregnant. "addressCountry": "United States", }, 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. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. 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. Office: 813.250.0500 The student is being charged as an adult and is being held on $1 million bond. 2013 - 2023 Sammis Law Firm P.A. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. "openingHoursSpecification": { Some of the more common defenses include the following: Given the harsh penalties applicable to an Aggravated Battery charge, an attorney is essential to protect the rights and interests of the accused, and to raise all defenses that may be available in such a case. 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. 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. { We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. "@type": "LegalService", 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. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Battery Reclassified as a Felony Because of a Prior Conviction. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. Battery on a Law Enforcement Officer under Florida Law. ], The default bonds for misdemeanors are: 1st-degree misdemeanor $500. Unlike battery, assault does not imply bodily harm or physical contact to the victim. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. Depa is being held in jail on a $1 million bond. WebAggravated battery is a second-degree felony in the state of Florida. You should not rely on this information when making decisions about your case. The attorney listings on this site are paid attorney advertising. In certain circumstances, a felony conviction also can result in the loss of a professional license. If you are facing criminal charges in Florida, Ronald Chapman can help. The next step is to appear at a hearing called the first appearance hearing. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. 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. 2. A victim of Aggravated Battery on W Commercial Blvd. 400 Clematis Street, Suite 206 The aggravated assault can also be classified as domestic violence toward a family member, or another relative. Bradenton, FL 34205 Court documents obtained by Fox News Digital You were in fear of your life Charged with a Serious Offense? Initial Office Consults are free, and I will make myself available to suit your schedule. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. The assault charges will depend on the situation. 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. Contact us for a free consultation. Aggravated Battery on Person 65 or Older. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. WebView Entire Chapter. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. We respect your privacy. Try again later. "addressLocality": "Tampa", A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. Statutes: FS 784.011 Assault. "addressRegion": "FL", All Rights Reserved. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. 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. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. Uses a deadly weapon; or 3. 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. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. "telephone": "(813) 391-8051" For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. "address": [ Home Assault and Battery Aggravated Battery, Tell us about your case. 88-344; s. 7, ch. You had no way of knowing the alleged victim was pregnant. "https://www.facebook.com/goldmanwetzel/", Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. 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. Great bodily harm or permanent harm. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. 200 E Robinson Suite 1140Orlando, FL 32801. Brendan Depa, who allegedly assaulted Joan Naydich, 57, after she took away his video game, is facing one count of aggravated battery of a school board official, a first-degree felony in Florida punishable by up to thirty years in prison. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. (941) 405-5193, 3030 N. Rocky Point Dr Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. Sentence for Aggravated Battery with a Deadly Weapon. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Aggravated Battery, as defined in 784.045, Florida Statutes 4. 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. Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. 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. 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://twitter.com/goldmanwetzel" In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. Alibi 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. Copyright 2020 Roundtree Bonding. LocationJacksonvilleOrlando 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. 74-383; s. 10, ch. Teen in Vicious Attack on Florida Teacher's Aide to Be Charged as Adult, Given $1M Bond The teen was arrested on a felony aggravated battery with bodily harm If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. today! Besides these ramifications, being convicted guilty would be permanent on your record. 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. Using a deadly weapon while committing the offense. Committee Get Directions. Contact us to talk with a criminal defense attorney to discuss your case today. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Our team is commited to your best outcome. The state of Florida has a bond schedule, set for the different categories of offenses. 784.08(2)(a). Florida Criminal Lawyer. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. 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. 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. 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. The contact you made with the alleged victim was accidental, not intentional. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. 2021-6. This article discusses aggravated assault and battery and felony battery in Florida. That person committed an assault. Publications, Help Searching Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. Uses a deadly weapon. 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) 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. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). 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. 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. Each aggravated battery case is different. Non-consensual contact of a sexual nature using any object also qualifies for this charge. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to Stat.) 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. 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. Battering a pregnant woman. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. 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. 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. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. Statutes, Video Broadcast In order to help you understand these charges, below there is more information regarding the definition of aggravated battery, the penalties for these charges and some possible defenses. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. There are various types of assault battery, simple assault, and aggravated assault. Suite 150 (727) 828-3900, 1023 Manatee Ave W The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. 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. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. If a person commits this crime with a Get a Free Consultation Call Us - Available 24/7. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. { 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. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. Call us to schedule a time to talk with the attorneys in the office or over the phone. Aggravated battery charges result in more severe penalties than battery.