aggravated battery florida bond aggravated battery florida bond

Web2. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. 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. Uses a deadly weapon. To learn more about the process to obtain an aggravated battery bail bond, contact us today. Below, you'll find explanations of terms used in the laws for assault and battery. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. This website is maintained by Jason D. Sammis and Leslie M. Sammis. 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 name of the jail where the friend or family member is being held in custody. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense Additionally, this could include a death. 2. Furthermore, Mr. Parikh could have simply ridden out his legal career as a prosecutor, but he chose, to pursue criminal defense. WebFelony battery is a simple battery enhanced by causing injury to the victim. "streetAddress": "1023 Manatee Ave W, Suite 309", The defendant knew or should have known that the victim was pregnant at the time the battery was committed. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. 88-344; s. 7, ch. (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. For victims between 12 and 18, the crime is a life felony. People charged with aggravated battery face up to 30 years behind bars. Schedule your FREE Consultation! Initial Office Consults are free, and I will make myself available to suit your schedule. The attorney listings on this site are paid attorney advertising. At Parikh Law, P.A., we remain dedicated to helping people just like you. The default bonds for misdemeanors are: 1st-degree misdemeanor $500. Publications, Help Searching The law is constantly changing and evolving. 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. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. 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. WebAggravated battery is usually charged as a second degree felony with a maximum sentence of up to 15 years imprisonment and $10,000 in fines. 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. 71-136; s. 20, ch. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. 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. 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. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. Let us put our experience to work for you. "addressCountry": "United States", There are numerous defenses that your criminal defense attorney use for aggravated battery cases. ], 2016 - 2023 Law Office of Glenn M. Swiatek. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. 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. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. "postalCode": "33705", "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", They are then responsible for appearing at all court dates until the case is resolved. The penalties In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. Sitemap. 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. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. Quick. Permanent disfigurement refers to an alteration of the physical body, such as a visible scar, loss of a limb, or a broken bone that alters one's physical appearance. "Sunday" The state of Florida has a bond schedule, set for the different categories of offenses. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. 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. Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. Felony battery (F.S. To learn more about the bail bondsprocess, contact us today. 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. 915 1st Ave N All Rights Reserved, 2632 NW. WebView Entire Chapter. The victim identified the wrong defendant, i.e., you have an alibi. Confidential. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. Your Message Has been Successfully Sent. Related Resource: Difference Between Assault and Battery in Florida. This article was last updated on Friday, January 14, 2022. 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. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. Since the penalties can be harsh when convicted on an aggravated battery charge, it is important to have an experienced Criminal Defense Attorney by your side in court if you are accused of aggravated battery. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. 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. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 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. WebAggravated battery is an offense that they will be particularly adamant about. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. 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 We respect your privacy. "https://twitter.com/goldmanwetzel" Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. 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. This crime differs from aggravated battery in that felony battery doesn't require proof that the offender intended the harm, only that the touching was intentional and harm resulted. 70-63; s. 732, ch. He is currently Copyright 2000- 2023 State of Florida. "openingHoursSpecification": { Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. "address": [ 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. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. 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. Stat.) Repeat battery offenses. "https://www.facebook.com/goldmanwetzel/", "streetAddress": "915 1st Ave N", 561-832-4348. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. Given the severity of the offense, an aggravated battery can result in severe punishments. Aggravated battery is an offense that they will be particularly adamant about. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. We would be honored to welcome you to our family and be able to see you through this dire time in your life. 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. The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. 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. 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. WebA person can commit the crime of aggravated battery in one of three ways in Florida. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. 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. Ronald S. Chapman, P.A. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. Riots. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). USA TODAY is not naming the student because the teen is a minor. 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. 75-298; s. 3, ch. "Friday", Depa is being held in jail on a $1 million bond. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or Enhanced penalties apply for assault or battery against a vulnerable victim. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Aggravated battery charges result in more severe penalties than battery. 2023 All Rights Reserved. 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. I understand that submission of an online form does not constitute an attorneyclient relationship. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. An aggravated battery is generally classified as a second degree felony. "postalCode": "34205", There are certain requirements the prosecution must meet in order to attain a legitimate guilty 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. "@type": "PostalAddress", WebWhat is the legal definition of Aggravated Battery? 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. 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. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. 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. Florida Charges for Aggravated Battery on a Pregnant Female. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. 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. { Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. Non-consensual contact of a sexual nature using any object also qualifies for this charge. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. You had no way of knowing the alleged victim was pregnant. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. Web2. This article discusses aggravated assault and battery and felony battery in Florida. First and foremost, Attorney Parikh was able to gain invaluable knowledge during his time at the Office of the State Attorney as to how exactly prosecutors approach aggravated battery cases. Disclaimer: The information on this system is unverified. 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. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. Court documents obtained by Fox News Digital There was no specific intent to cause the level of injury that incurred. The victim was pregnant at the time of the battery; and. In order to be considered an aggravated battery, it should be proven that the defendant knew or should have known that the victim was pregnant at the time of the offense. Call (561) 832-4348 or visit his website. Alibi 400 Clematis St. Suite 206,West Palm Beach, FL 33401. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. The incident happened at Matanzas High School in Palm Coast, Florida. 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. "closes": "23:59" WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. 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. Get Directions. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. 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. "@type": "PostalAddress", Try again later. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally caused great bodily harm or permanent disability or disfigurement to the victim. 88-344; s. 7, ch. 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. If you need immediate help, call 321-558-2704. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. 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. The Defendant intentionally caused bodily harm to the alleged victim. The maximum sentence is life in prison with $10,00 in fines. Committee Aggravated Battery with a Firearm is technically the same offense as Aggravated Battery with a Deadly Weapon. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. Statutes: FS 784.011 Assault.