aggravated battery florida bond

(888) 727-4652, 2020 Goldman Wetzel, PLLC. 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. Semi-automatic weapon or machine gun possessed 15 years imprisonment "@type": "PostalAddress", Easy. Additionally, this could include a death. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. 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. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. 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. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. If you need immediate help, call 321-558-2704. Given the severity of the offense, an aggravated battery can result in severe punishments. Tampa, FL 33607 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. Aggravated and felony penalties apply when the harm or possible harm increases. Felony battery (F.S. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. Please leave this field empty. (727) 828-3900, 1023 Manatee Ave W Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. "Saturday", WebFelony battery is a simple battery enhanced by causing injury to the victim. Learn more about the attorney's qualifications and experience in fighting criminal cases. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. Felony battery in Florida involves any of the following circumstances. (b) With an intent to commit a felony. Before you decide, schedule an appointment to meet directly with the attorney. If a person, while committing the crime of battery : 1. }, "postalCode": "33705", Because an aggravated battery charge carries life-long consequences, its important to secure your friend or family members release so they can attend to personal affairs. 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. 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. Start here to find criminal defense lawyers near you. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. Defense of others Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. In fact, Section 901.15(9)(a) provides that anofficer can make an arrest for a misdemeanor simple battery charge if the officer gathers probable cause that the crime occurred outside of the officers presence. You had no intention to cause bodily harm Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. 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. To all of us, you will never just be a faceless client, but rather a part of our family, that we are determined to protect in every way we can. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. However, the quality of the service you receive can vary drastically. If there is a lack of evidence (e.g., no proof that a deadly weapon was used), we will bring that to light and try to get the case thrown out. 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. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. WebView Entire Chapter. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. The information on this website is for general information purposes only. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. 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. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. 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. 88-344; s. 7, ch. 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. "addressLocality": "Tampa", Using a deadly weapon while committing the offense. }, 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. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. At Parikh Law, P.A., we remain dedicated to helping people just like you. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. 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. 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. Under Florida law, a battery charge can be a misdemeanor or felony offense. Home Violent Crimes Battery and Aggravated Battery. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. Depa is being held in jail on a $1 million bond. This type of assault can occur with a deadly weapon, like a rock, firearm, knife, etc. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. 2023 All Rights Reserved. Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. 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. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. Initial Office Consults are free, and I will make myself available to suit your schedule. In certain circumstances, a felony conviction also can result in the loss of a professional license. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Publications, Help Searching 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. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. 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. "streetAddress": "3030 N Rocky Point Dr, Suite 150", As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. There are certain requirements the prosecution must meet in order to attain a legitimate guilty Below, you'll find explanations of terms used in the laws for assault and battery. Florida Criminal Lawyer. 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. ], 1005 N. Marion St. "sameAs": [ 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. USA TODAY is not naming the student because the teen is a minor. 3. Send us a Message to Book Your Free, No-Obligation Consultation Now. Skip to Navigation | Skip to Main Content | Skip to Site Map. Aggravated battery is an offense that they will be particularly adamant about. 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. 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. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. Committee ", Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Securing professional licenses and/or certifications. WebWhat is the legal definition of 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. 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. ] 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. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. 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. Everyone here at Parikh Law, P.A. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. 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. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. 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. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. Adopted in July of 1992 and last amended in 2011, the instruction provides: If you find that (defendant) committed (felony as identified by 775.087(1), Fla. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. What Is the Bond for Aggravated Battery? 88-344; s. 7, ch. The default bonds for misdemeanors are: 1st-degree misdemeanor $500. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 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. Battery Reclassified as a Felony Because of a Prior Conviction. "addressCountry": "United States", To learn more about the bail bondsprocess, contact us today. 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. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Tampa, FL 33602 }, "address": [ Uses a deadly weapon. Unlike battery, assault does not imply bodily harm or physical contact to the victim. "opens": "00:00", 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. 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. A felony conviction can seriously impact your life. Bradenton, FL 34205 And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. 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. ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. Most people do not have access to the resources that prosecutors have. Domestic battery by strangulation. All Rights Reserved, 2632 NW. 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. See Knowles v. State, 65 So. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. You did not know your action would result in bodily harm or disability Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. ], We respect your privacy. That said, having an attorney puts you at an advantage, since they will be able to fully review your case and find out which defense, or defenses, would be the strongest in your particular case. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. 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. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. 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 The average total bail amounts for different categories of crimes depend on various factors. Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. 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. 2013 - 2023 Sammis Law Firm P.A. 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. - 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. 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. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. "openingHoursSpecification": { "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", "https://www.facebook.com/goldmanwetzel/", WebThe 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. 70-63; s. 732, ch. 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. Copyright 2000- 2023 State of Florida. This is not to say that other firms are not exceptional at what they do, but not all firms have the background that Attorney Rahul Y. Parikh has when it comes to aggravated battery cases. 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. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", The state of Florida has a bond schedule, set for the different categories of offenses. The law is constantly changing and evolving. "@type": "PostalAddress", No intent to cause great bodily harm, disfigurement, etc. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. "Wednesday", If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. The student is being charged as an adult and is being held on $1 million bond. 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 Aggravated Battery. 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. { Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. Web2. 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. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. 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. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. The defendant in committing the battery either: a. knowingly and intentionally caused permanent disfigurement, permanent disability or great bodily harm to the alleged victim; or. Some tentative defenses to aggravated battery charges include: The consequences that could stem from this second-degree felony can impact your present, as well as your future. 400 Clematis Street, Suite 206 Our Attorney Rahul Parikh is a battle-tested Orlando criminal defense attorney, who is dedicated to protecting the freedom, reputation, and constitutional rights of his clients.