aggravated battery florida bond aggravated battery florida bond

Copyrights 2022. Let us put our experience to work for you. "streetAddress": "1023 Manatee Ave W, Suite 309", 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. 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. Call Musca Law today at 888-484-5057 to schedule an appointment. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. 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. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. Get Directions. The standard jury instruction under Chapter3.3(c) applies to cases with an aggravation of a felony by committing an aggravated battery as provided in Section 775.087(1), Fla. Stat. Using a deadly weapon while committing the offense. 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. 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. Penalties for the offense include If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery. "Thursday", If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. Depa is being held in jail on a $1 million bond. At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. The Defendant intentionally caused bodily harm to the alleged victim. Suite 309 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 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. The average total bail amounts for different categories of crimes depend on various factors. 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 915 1st Ave N "Wednesday", 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. 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. Looking forward to speaking with you soon. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. 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. 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. St. Petersburg, FL 33705 "streetAddress": "3030 N Rocky Point Dr, Suite 150", What Is the Bond for Aggravated Battery? This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. 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. 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. "@type": "PostalAddress", Please leave this field empty. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. This kind of fervor is not seen every day. "telephone": "(941) 405-5193" 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. They are then responsible for appearing at all court dates until the case is resolved. 71-136; s. 20, ch. 2023 All Rights Reserved. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. 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. "addressCountry": "United States", ", XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. 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. (941) 405-5193, 3030 N. Rocky Point Dr Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. "https://twitter.com/goldmanwetzel" We provide free initial consultations to discuss the charges against you and possible defenses. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. 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. 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. The object used during the incident does not meet the states definition of a deadly weapon. 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 touching a person against their will with the intent to cause them great bodily harm. The name of the jail where the friend or family member is being held in custody. Home Violent Crimes Battery and Aggravated Battery. (Fla. Stat. 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. ] The next step is to appear at a hearing called the first appearance hearing. We would be honored to welcome you to our family and be able to see you through this dire time in your life. 71-136; s. 20, ch. Aggravated Battery with a Firearm is technically the same offense as Aggravated Battery with a Deadly Weapon. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. Your Message Has been Successfully Sent. Committing battery in furtherance of a riot also constitutes felony battery. 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 Aggravated assault is a third-degree felony under Florida Statute 784.011. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. 3d 597, 598-99 (Fla. 4th DCA 2011). 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. All Rights Reserved. If you're in a hurry to find the penalties, skip down to the following sections. If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. Initial Office Consults are free, and I will make myself available to suit your schedule. Examples of protected classes of victims include elderly victims (age 65 and older), law enforcement officers, emergency responders, health care workers, school employees, and certain public employees (such as transit workers and child protection). You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. Drop us a line today and schedule a confidential consultation today. Riots. }, 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. Securing professional licenses and/or certifications. A felony conviction can seriously impact your life. 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. "https://www.goldmanwetzel.com", "postalCode": "33607", "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. Although you might find links to other websites maintained by public entities or private third parties on this website, the presence of such a link does not imply an endorsement of the third party website or the accuracy of its content. | Privacy Policy | Disclaimer WebTrying to defend against an assault or battery charge without a reputable and highly experienced Florida assault and battery defense lawyer be a dangerous strategy. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. We Defend. All Rights Reserved, 2632 NW. Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). WebAggravated battery charges result in more severe penalties than battery. Repeat battery offenses. 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. Contact him today to begin to discuss your case. USA TODAY is not naming the student because the teen is a minor. Schedule. 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. Uses a deadly weapon; or. "addressLocality": "Tampa", Charged with a Serious Offense? 2021-6. today! 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. 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. 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. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. WebAccording to Florida Statute 784.045, a person commits Aggravated Battery in Florida on a Pregnant Woman if the person: Actually and intentionally touches or strikes another Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. No intent to cause great bodily harm, disfigurement, etc. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. This is due to the severity of the crime and potential sentences imposed. David Robert Andrus, 41, of Summerfield, was at the wheel of the silver Chevy pickup shortly before 9 p.m. Sunday on State Road 25 near Eagles Nest Road when a Fruitland Park police officer noticed the 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. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. 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 convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. Intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim; Battered a person whom the defendant knew or should have known was pregnant. "Sunday" Call us to schedule a time to talk with the attorneys in the office or over the phone. 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. Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. 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": "33705", They can also include everyday objects that can be used in a manner likely to cause death or great bodily harm, for example, steel-toed boots. Contacting us does not create an attorney-client relationship. Having the early help of a criminal attorney can help you prepare a strong legal defense. "@type": "PostalAddress", 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. Finding the right attorney is an important decision. The assault charges will depend on the situation. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. Try again later. 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. "addressRegion": "FL", 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. 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. *. Attorney Parikh has not always been in private practice. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or - 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. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. 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. Court documents obtained by Fox News Digital "Tuesday", We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 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. This offense occurs Copyright 2020 Roundtree Bonding. He is currently being held on a $1 million bond according to The Daily Mail. Publications, Help Searching Felony battery (F.S. 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. 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 victim was at the time over 65 years of age. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as 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. Under Florida law, a battery charge can be a misdemeanor or felony offense. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. The victim identified the wrong defendant, i.e., you have an alibi. 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. 2016 - 2023 Law Office of Glenn M. Swiatek. The information you provide will be used to answer your questions or to schedule an appointment if requested. Statutes: FS 784.011 Assault. 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 person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. Battery on a Law Enforcement Officer under Florida Law. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South 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. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. 561-832-4348. 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. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. { WebAggravated battery is an offense that they will be particularly adamant about. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. You should not rely on this information when making decisions about your case. Skip to Navigation | Skip to Main Content | Skip to Site Map. Contact him today to begin to discuss your case. "sameAs": [ 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. Fax: 813.276.1600, Sammis Law Firm "@context": "http://www.schema.org", 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. 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. Each aggravated battery case is different. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. Non-consensual contact of a sexual nature using any object also qualifies for this charge. 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. 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. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. The defenses for these types of offenses will vary depending on the circumstances of each case. Javascript must be enabled for site search. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. This article discusses aggravated assault and battery and felony battery in Florida. 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. "Saturday", The aggravated assault can also be classified as domestic violence toward a family member, or another relative. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. The student is being charged as an adult and is being held on $1 million bond. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. 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. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a 70-63; s. 732, ch. If a person, while committing the crime of battery : 1. Unlike battery, assault does not imply bodily harm or physical contact to the victim. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. 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. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. 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. 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. 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. 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 permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. Consent or mutual contact 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. Send us a Message to Book Your Free, No-Obligation Consultation Now. "closes": "23:59" 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 cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. Aggravated battery charges result in more severe penalties than battery. Web2. 3. The incident happened at Matanzas High School in Palm Coast, Florida. If you need immediate help, call 321-558-2704. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. This website is maintained by Jason D. Sammis and Leslie M. Sammis. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. For victims between 12 and 18, the crime is a life felony.