Copyright 2020 Roundtree Bonding. 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. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Web2. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. Get a Free Case Evaluation The defendant, in committing the battery (intentionally striking or causing bodily harm), intentionally or knowingly: (a) caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim, or (b) used a deadly weapon. Battering a person who was known to be pregnant. 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. ] "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. 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. What Is the Bond for Aggravated Battery? "postalCode": "33607", Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South b. intentionally caused bodily harm to the victim. 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 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. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. Initial Office Consults are free, and I will make myself available to suit your schedule. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. { 561-832-4348. 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. 70-63; s. 732, 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. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. Riots. For example, pointing a handgun at another person to scare them is considered aggravated assault. 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. Aggravated battery is an offense that they will be particularly adamant about. 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. 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. Our attorneys handle cases throughout Northeast and Central Florida. 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. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. They must also prove that the alleged offender used a deadly weapon when the incident occurred or that they knowingly caused the alleged victim permanent disability or disfigurement or major bodily harm. 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. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. Contact us to talk with a criminal defense attorney to discuss your case today. 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. Javascript must be enabled for site search. 88-344; s. 7, ch. To learn more about the process to obtain an aggravated battery bail bond, contact us today. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. You should not rely on this information when making decisions about your case. The victim was pregnant at the time of the battery; and. Everyone here at Parikh Law, P.A. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. Because of this, he is able to form strategies for his clients defenses that will be the most effective. Depa is being held in jail on a $1 million bond. 71-136; s. 20, ch. 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. 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. 400 Clematis St. Suite 206, West Palm Beach, FL 33401, Palm Beach County Domestic Battery Attorney, Palm Beach County Seal and Expunge Attorney, Computer Fraud Obtaining Financial Information, Fraud in Connection with Counterfeit Credit Cards, Making a False Statement to a Federal Agency, Possessing a Controlled Substance with the Intent to Distribute, Smuggling Merchandise into the United States, Questions or Schedule An Appointment? In certain circumstances, a felony conviction also can result in the loss of a professional license. "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. 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. The state of Florida has a bond schedule, set for the different categories of offenses. "@type": "PostalAddress", 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 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. 2nd Since 1990, Mr. Chapman has been representing people who have been accused of committing various types of crimes such as DUI, domestic violence, possession of a firearm, drug possession, expungement, traffic crimes, murder, manslaughter, crimes against children, sex crimes, crimes against the elderly, appeals, and violations of probation. Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. In Florida, the maximum penalties for aggravated battery include: 15 years Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. A second or subsequent battery offense (including simple battery) results in felony battery charges. - 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. However, the quality of the service you receive can vary drastically. In fact, he began his legal career as a prosecutor for Orange County, 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. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 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. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. 3d 597, 598-99 (Fla. 4th DCA 2011). Under Florida Statutes Section 784.045, the offense of Aggravated Battery requires that the prosecutor prove all of the elements of battery, plus an additional element for causing harm or using a weapon. WebFlorida uses minimum statutory sentences. "dayOfWeek": [ 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. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. 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. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to Felony battery (F.S. Tampa, FL 33607 A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. Florida Criminal Lawyer. Causing permanent disability or disfigurement. At Parikh Law, P.A., we remain dedicated to helping people just like you. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. Florida Statute Section 784.07(2) states that: [w]henever any person is charged with knowingly committing an assault or battery upon a law enforcement officer the offense for which the person is charged shall be reclassified as follows: , (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.. Skip to Navigation | Skip to Main Content | Skip to Site Map. Statutes: FS 784.011 Assault. 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. The state of Florida has two classifications regarding assault a felony and a misdemeanor. I understand that submission of an online form does not constitute an attorneyclient relationship. The state of Florida has a bond schedule, set for the different categories of offenses. 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. They are then responsible for appearing at all court dates until the case is resolved. Schedule. Additionally, this could include a death. 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.
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