Fax: 813.276.1600, Sammis Law Firm Uses a deadly weapon. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. Before you decide, schedule an appointment to meet directly with the attorney. }, You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. 2021-6. Causing permanent disability or disfigurement. (Fla. Stat. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. 915 1st Ave N 75-298; s. 3, ch. 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. 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. 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. and you also find beyond a reasonable doubt that during the commission of the crime the defendant committed an aggravated battery, you should find the defendant guilty of (felony) with an aggravated battery. 71-136; s. 20, ch. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. The information on this website is for general information purposes only. Tampa, FL 33607 (888) 727-4652, 2020 Goldman Wetzel, PLLC. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. Uses a deadly weapon; or. "closes": "23:59" USA TODAY is not naming the student because the teen is a minor. WebWhat is the legal definition of Aggravated Battery? Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. 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. "Family or household members" include current and former spouses, persons related by blood or marriage, persons currently or formerly residing together as if family, or persons who share a child. 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. 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. 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 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. Call Musca Law today at 888-484-5057 to schedule an appointment. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. If a person, while committing the crime of battery : 1. Aggravated Battery with a Firearm is technically the same offense as Aggravated Battery with a Deadly Weapon. Semi-automatic weapon or machine gun possessed 15 years imprisonment 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. 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. 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. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South As a result, Parikh Law, P.A. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. That person committed an assault. 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. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. 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. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. If a person commits this crime with a All Rights Reserved, 2632 NW. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. 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) Javascript must be enabled for site search. This article discusses aggravated assault and battery and felony battery in Florida. Learn more about the attorney's qualifications and experience in fighting criminal cases. WebView Entire Chapter. 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. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. ], If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the No intent to cause great bodily harm, disfigurement, etc. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. 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. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. People charged with aggravated battery face up to 30 years behind bars. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. "Sunday" WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. The victim was pregnant at the time of the battery; and. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. The state of Florida has two classifications regarding assault a felony and a misdemeanor. 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. Depa is being held in jail on a $1 million bond. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. Home Violent Crimes Battery and Aggravated Battery. Great bodily harm or permanent harm. Related Resource: Difference Between Assault and Battery in Florida. You were in fear of your life Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. Call us to schedule a time to talk with the attorneys in the office or over the phone. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. Since there is not a clear definition of what a deadly weapon is, you should speak to a battery attorney so they can examine the circumstances of your case. 74-383; s. 10, ch. 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. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. In short, an aggravated battery is a more severe form of battery. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Confidential. "@type": "LegalService", 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. "@type": "OpeningHoursSpecification", Additionally, this could include a death. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. In Florida, the maximum penalties for aggravated battery include: 15 years With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. "@type": "PostalAddress", (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", The Defendant intentionally caused bodily harm to the alleged victim. A victim of Aggravated Battery on W Commercial Blvd. Being moved by the way that peoples lives were affected by being convicted guilty of crimes, such as aggravated battery, he was called to step up and advocate for those people. Copyright 2020 Roundtree Bonding. Publications, Help Searching Securing professional licenses and/or certifications. The state of Florida has a bond schedule, set for the different categories of offenses. 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. is dedicated to your defense and will go the extra mile to make sure that you are being listened to, informed and defended to the highest extent. 88-344; s. 7, 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. 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. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. I understand that submission of an online form does not constitute an attorneyclient relationship. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. 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. Send us a Message to Book Your Free, No-Obligation Consultation Now. "Saturday", (2) A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The journals or printed bills of the respective chambers should be consulted for official purposes. There was no specific intent to cause the level of injury that incurred. 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. 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. 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. Contact him today to begin to discuss your case. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. Disclaimer: The information on this system is unverified. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. The student is being charged as an adult and is being held on $1 million bond. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. { The aggravated assault can also be classified as domestic violence toward a family member, or another relative. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. Quick. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. 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. b. intentionally caused bodily harm to the victim. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. In those instances, Floridas 10-20-Life Law will, upon conviction, mandate the imposition of the following minimum mandatory sentences: Although the facts of every case differ, there are many defenses available to contest a charge of Aggravated Battery in Florida. Initial Office Consults are free, and I will make myself available to suit your schedule. A felony conviction can seriously impact your life. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. 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 contact you made with the alleged victim was accidental, not intentional. 75-298; s. 3, ch. 3d 597, 598-99 (Fla. 4th DCA 2011). The sheriff's office said the student is charged with felony aggravated battery with bodily harm. Schedule your FREE Consultation! A mandatory minimum sentence Aggravated Battery, as defined in 784.045, Florida Statutes 4. We respect your privacy. 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. "Thursday", 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 You had no intention to cause bodily harm 70-63; s. 732, ch. They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. 2nd The victim identified the wrong defendant, i.e., you have an alibi. 88-344; s. 7, ch. Stat.) There are certain requirements the prosecution must meet in order to attain a legitimate guilty 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 name of the jail where the friend or family member is being held in custody. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. b. used a deadly weapon, which is a weapon that was used or threatened to be used in a manner likely to cause great bodily harm or death. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. Looking forward to speaking with you soon. 2016 - 2023 Law Office of Glenn M. Swiatek. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. "streetAddress": "915 1st Ave N", 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. 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 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. "https://twitter.com/goldmanwetzel" 0:10. 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. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. { Initial Office Consults are free, and I will make myself available to suit your schedule. Battering a pregnant woman. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. This offense occurs Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. 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. knew or should have known the victim was pregnant. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! "postalCode": "33705", 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. This kind of fervor is not seen every day. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. 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. Web2. "Tuesday", 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. "postalCode": "33607", 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). 561-832-4348. Aggravated battery charges result in more severe penalties than battery. Statutes, Video Broadcast To learn more about the process to obtain an aggravated battery bail bond, contact us today. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. } "addressLocality": "Tampa", Easy. { Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. "@context": "http://www.schema.org", If you face criminal charges, talk to a criminal defense attorney who knows the local court system. Skip to Navigation | Skip to Main Content | Skip to Site Map. This is due to the severity of the crime and potential sentences imposed. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 784.045(2), Fla. Stat. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. 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. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. In some states, the information on this website may be considered a lawyer referral service. Defense of others 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. The law is constantly changing and evolving. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. 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. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. 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