aggravated battery florida bond
Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or There are certain requirements the prosecution must meet in order to attain a legitimate guilty Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. An aggravated battery is generally classified as a second degree felony. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. *. 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. Send us a Message to Book Your Free, No-Obligation Consultation Now. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. 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. Battering a person who was known to be pregnant. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. 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. 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. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. Charged with a Serious Offense? All Rights Reserved. Firearm discharged during incident 20 years imprisonment 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. 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 information on this website is for general information purposes only. Looking forward to speaking with you soon. 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. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. "opens": "00:00", Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. In Florida, the maximum penalties for aggravated battery include: If the offense was committed on a law enforcement officer, the charge can be elevated to a first-degree felony. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. 2013 - 2023 Sammis Law Firm P.A. 2nd There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. - 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. He is currently being held on a $1 million bond according to The Daily Mail. They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. A 17-year-old high school student is facing felony assault charges after video showed him attacking a school employee who took away his Nintendo Switch The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. "postalCode": "33607", You had no way of knowing the alleged victim was pregnant. "telephone": "(813) 391-8051" Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. 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. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. 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. Call us to schedule a time to talk with the attorneys in the office or over the phone. 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 Using a deadly weapon while committing the offense. LocationJacksonvilleOrlando 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. At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. (Fla. Stat. Aggravated Battery on Person 65 or Older. Under the law, Aggravated Battery occurs where a defendant intentionally touches or strikes another person and, in doing so: To prove the crime of Aggravated Battery at trial, the prosecution must establish the following two elements beyond a reasonable doubt: For purposes of an Aggravated Battery prosecution, a weapon is considered a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. 2023 All Rights Reserved. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. 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 Consent or mutual contact 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. Everyone here at Parikh Law, P.A. Initial Office Consults are free, and I will make myself available to suit your schedule. 74-383; s. 10, ch. Home Assault and Battery Aggravated Battery, Tell us about your case. 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. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the 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. Copyright 2000- 2023 State of Florida. Using a deadly weapon (a weapon used For victims between 12 and 18, the crime is a life felony. 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. 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. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Under Florida law, Aggravated Battery is generally classified as a second degree felony. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. The assault charges will depend on the situation. Our team is commited to your best outcome. Schedule your FREE Consultation! If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. Contact him today to begin to discuss your case. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. 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. The state of Florida has a bond schedule, set for the different categories of offenses. 200 E Robinson Suite 1140Orlando, FL 32801. "telephone": "(727) 828-3900" 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 was last updated on Friday, January 14, 2022. 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. Get a Free Consultation Call Us - Available 24/7. | Privacy Policy | Disclaimer Aggravated assault happens when a simple assault transforms into a more severe act of violence. WebWhat is the legal definition of Aggravated Battery? 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 (561) 832-4348 or visit his website. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", ], Goldman Wetzel is a criminal law firm that represents individuals facing charges for violent crimes in St. Petersburg, Bradenton, Pinellas County, Tampa, Sarasota, Clearwater and surrounding areas. We would be honored to welcome you to our family and be able to see you through this dire time in your life. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. WebAggravated battery is an offense that they will be particularly adamant about. "dayOfWeek": [ Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. 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. 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. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. Finding the right attorney is an important decision. You had no intention to cause bodily harm 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. ", "addressLocality": "St. Petersburg", Minimum sentences may also apply. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. Web2. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. Contacting us does not create an attorney-client relationship. Felony battery (F.S. Battery Reclassified as a Felony Because of a Prior Conviction. "@type": "OpeningHoursSpecification", And for more information on simple assault and battery, see Simple Assault and Battery in Florida. { Javascript must be enabled for site search. Sitemap. A simple battery can also be charged as an aggravated battery if the defendant used a deadly weapon or battered a woman that the defendant knew or should have known was pregnant at the time. Tampa, FL 33602 Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. WebAggravated battery on a pregnant woman is a second-degree felony, punishable by up to fifteen years in prison and up to $10,000 in fines. We Defend. 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. This is due to the severity of the crime and potential sentences imposed. The incident happened at Matanzas High School in Palm Coast, Florida. 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. Sexual battery may also be known as rape or sexual assault. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. 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. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). Aggravated assault is a third-degree felony under Florida Statute 784.011. 71-136; s. 20, ch. You were in fear of your life Nothing on this site should be taken as legal advice for any individual case or situation. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. 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 Get a Free Case Evaluation Our attorneys handle cases throughout Northeast and Central Florida. Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). Let us put our experience to work for you. 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. 70-63; s. 732, ch. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. 75-298; s. 3, ch. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. "@type": "LegalService", Committee Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. 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. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. "@type": "PostalAddress", Besides these ramifications, being convicted guilty would be permanent on your record. Aggravated and felony penalties apply when the harm or possible harm increases. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or }, 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. If the assault escalates to a 3rd-degree felony, its considered an aggravated assault and the total bail amount can be set in the $10,000 range. In some states, the information on this website may be considered a lawyer referral service. 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. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. 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. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. If a person commits this crime with a Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. 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. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. 3. Your consultation with us will be free and classified. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. Lack of intent Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. 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. Additionally, this could include a death. USA TODAY is not naming the student because the teen is a minor. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South Simple Battery a first-degree misdemeanor; Battery on a Law Enforcement Officer (LEO); Felony Battery a third-degree felony under Florida Statute Section 784.041; Aggravated Battery with a Deadly Weapon Florida Statute Section 784.045(1)(a)(1); The Defendant intentionally struck or touched the alleged victim against the will of the alleged victim; and. Easy. Felony battery in Florida involves any of the following circumstances. 75-298; s. 3, ch. Web2. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. 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. Great bodily harm or permanent harm. Copyrights 2022. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. 0:10. 88-344; s. 7, ch. For example, pointing a handgun at another person to scare them is considered aggravated assault.
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