The defendant knew or should have known that the victim was pregnant at the time the battery was committed. The information on this website is for general information purposes only. Try again later. 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. Causing permanent disability or disfigurement. 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. 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. Domestic battery by strangulation. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Having the early help of a criminal attorney can help you prepare a strong legal defense. aggravated battery in Florida 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. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. 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. 75-298; s. 3, ch. 2013 - 2023 Sammis Law Firm P.A. Under Florida Statutes 784.045, the crime of Aggravated Battery on a Pregnant Victim requires proof of a battery plus proof beyond a reasonable doubt that: Read more about the punishments and penalties for battery on a pregnant female. 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. is - ASSAULT; BATTERY; CULPABLE NEGLIGENCE 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. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. We provide free initial consultations to discuss the charges against you and possible defenses. 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. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. Statutes, Video Broadcast 0:51. For example, pointing a handgun at another person to scare them is considered aggravated assault. "addressCountry": "United States", "@type": "PostalAddress", 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. 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. 784.045(2), Fla. Stat. Your Message Has Not been sent. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. Get a Free Case Evaluation 74-383; s. 10, ch. 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. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. 3. Get a Free Consultation Call Us - Available 24/7. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. Send us a Message to Book Your Free, No-Obligation Consultation Now. Confidential. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. 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 need immediate help, call 321-558-2704. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 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. Florida Criminal Lawyer. Schedule. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. Repeat battery offenses. Unlike battery, assault does not imply bodily harm or physical contact to the victim. ], You were in fear of your life Bond agents in Florida are there to help you through the process and post bond on your behalf. { 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. WebSimple assault is a second-degree misdemeanor. "Tuesday", 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. Contact him today to begin to discuss your case. Sexual battery may also be known as rape or sexual assault. 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. - 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 fact, he began his legal career as a prosecutor for Orange County, Florida. 784.021 Aggravated assault.. Quick. For the court to convict you of aggravated battery, the prosecutor must prove you purposefully touched the alleged victim or purposefully caused harm, and that you either caused great bodily harm, used a deadly weapon, or knew/should have known the victim was pregnant. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. This article discusses aggravated assault and battery and felony battery in Florida. 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. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. "closes": "23:59" "postalCode": "33607", Florida Initial Office Consults are free, and I will make myself available to suit your schedule. Florida }, Aggravated Battery- Florida | Definition, Penalties, Defenses David Robert Andrus. WebFlorida uses minimum statutory sentences. Teen in Vicious Attack on Florida Teacher's Aide to Be Charged as Adult, Given $1M Bond The teen was arrested on a felony aggravated battery with bodily harm 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. This aggravating factor causes the reclassification of the underlying felony as follows: If you have been arrested for battery or aggravated battery, contact an experienced criminal defense attorney in Tampa to discuss your case. Using a deadly weapon (a weapon used WebAggravated battery is an offense that they will be particularly adamant about. 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. Intentionally or knowingly touching another person to cause them great bodily harm (i.e., broken bones, substantial bruising, injuries that require surgery, etc), permanent disability, or disfigurement. Contacting us does not create an attorney-client relationship. Aggravated Battery As a result, Parikh Law, P.A. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. WebView Entire Chapter. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. 71-136; s. 20, ch. He is currently Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. Most people do not have access to the resources that prosecutors have. Additionally, this could include a death. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South If the person then grabs the other's arm, whether or not injury results, that contact is a battery. 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. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. Aggravated and felony penalties apply when the harm or possible harm increases. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. West Palm Beach, FL 33401 With compassion and confidence, they zealously represent their clients. 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. 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. Aggravated assault and battery and felony battery charges typically apply in those offenses that involve a weapon, increased harm to a victim, or vulnerable victims. Disclaimer: The information on this system is unverified. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. 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. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. Uses a deadly weapon. Aggravated battery charges result in more severe penalties than battery. The object used during the incident does not meet the states definition of a deadly weapon. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. Felony battery (F.S. 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. 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. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. Web2. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. 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. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. "telephone": "(941) 405-5193" 2016 - 2023 Law Office of Glenn M. Swiatek. 784.08(2)(a). For victims between 12 and 18, the crime is a life felony. 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. A battery that is reclassified as a felony because of a prior conviction is charged as a third-degree felony which is punishable by up to five years in Florida State Prison and a $5,000 fine. While committing the battery the person intentionally or knowingly caused great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim, or used a deadly weapon. Besides these ramifications, being convicted guilty would be permanent on your record. If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. See Knowles v. State, 65 So. The state of Florida has a bond schedule, set for the different categories of offenses. 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. Committing battery in furtherance of a riot also constitutes felony battery. 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. Although in the past there was a mandatory minimum prison sentence if a person used a firearm during a battery, the 10-20-Life-Law establishes that the sentencing will be up to the judges discretion. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. Aggravated Battery 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. ", Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth.
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