; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. "dayOfWeek": [ 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.. Because of this, he is able to form strategies for his clients defenses that will be the most effective. People charged with aggravated battery face up to 30 years behind bars. "addressCountry": "United States", We would be honored to welcome you to our family and be able to see you through this dire time in your life. Home Assault and Battery Aggravated Battery, Tell us about your case. 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. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. He is currently being held on a $1 million bond according to The Daily Mail. "Wednesday", 2. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. Aggravated Battery. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. "name": "Goldman Wetzel", "https://www.goldmanwetzel.com", A second or subsequent battery offense (including simple battery) results in felony battery charges. These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. "streetAddress": "3030 N Rocky Point Dr, Suite 150", Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). 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. 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. 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. 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. Contact him today to begin to discuss your case. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. (Fla. Stat. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. "addressLocality": "Bradenton", The assault charges will depend on the situation. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. People charged with aggravated battery face up to 30 years behind bars. 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. In building his firm, Attorney Parikh has hired a staff that shares his passion for helping those who have had criminal accusations brought against them. Yet, if a bondsman puts up the full bond amount to secure the friend or family members release, a 10 percent non-refundable bond fee will be assessed. You had no intention to cause bodily harm If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery. Sitemap. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. 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. "postalCode": "34205", "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. 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. A victim of Aggravated Battery on W Commercial Blvd. } 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. 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. David Robert Andrus. Looking forward to speaking with you soon. 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. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. 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 The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. (888) 727-4652, 2020 Goldman Wetzel, PLLC. Minimum sentences may also apply. 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. Although you might find links to other websites maintained by public entities or private third parties on this website, the presence of such a link does not imply an endorsement of the third party website or the accuracy of its content. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. "openingHoursSpecification": { Great bodily harm is any harm more severe than minor or slight harm and could include wounds that bleed profusely or require stitches, broken bones, and injuries requiring surgery. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. The average total bail amounts for different categories of crimes depend on various factors. "addressRegion": "FL", 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. 3. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 1. Each aggravated battery case is different. "streetAddress": "915 1st Ave N", A victim of Aggravated Battery on W Commercial Blvd. 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. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. In Florida, the maximum penalties for aggravated battery include: 15 years Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Uses a deadly weapon. Nothing on this site should be taken as legal advice for any individual case or situation. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. Bond agents in Florida are there to help you through the process and post bond on your behalf. WebSimple assault is a second-degree misdemeanor. Contact us to talk with a criminal defense attorney to discuss your case today. WebA conviction means there was a determination of guilt in your previous case, even if adjudication was withheld or you entered a plea of nolo contender e. Simple assault and battery are misdemeanors under Florida law but may be aggravated to felony charges if certain facts are alleged. 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. 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. Aggravated battery occurs if the offender: A conviction for aggravated battery carries second-degree felony penalties of up to 15 years in prison and a $10,000 fine. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. The state of Florida has a bond schedule, set for the different categories of offenses. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. Unlike battery, assault does not imply bodily harm or physical contact to the victim. 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. You should not rely on this information when making decisions about your case. "addressCountry": "United States", 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. "opens": "00:00", The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. Javascript must be enabled for site search. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. Domestic battery by strangulation. 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. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. "addressLocality": "St. Petersburg", 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. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Contacting us does not create an attorney-client relationship. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. There are various types of assault battery, simple assault, and aggravated assault. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. Before you decide, schedule an appointment to meet directly with the attorney. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. "postalCode": "33607", Aggravated assault happens when a simple assault transforms into a more severe act of violence. This website is maintained by Jason D. Sammis and Leslie M. Sammis. "address": [ The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. The contact you made with the alleged victim was accidental, not intentional. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. However, the quality of the service you receive can vary drastically. 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. A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. 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. Publications, Help Searching "addressRegion": "FL", 784.021 Aggravated assault.. All Rights Reserved, 2632 NW. Any crime that involves a physical attack is defined as an assault. (b) With an intent to commit a felony. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. 0:10. I understand that submission of an online form does not constitute an attorneyclient relationship. 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. | Privacy Policy | Disclaimer Get Directions. Web2. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. *. As you review the penalties below, here are some of the terms you'll encounter and their meanings. You were in fear of your life For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. { a felony of the first degree is reclassified to a life felony. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. "Thursday", For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. Fax: 813.276.1600, Sammis Law Firm 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. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Aggravated battery in the state of Florida is defined as a battery in which someone willfully or consciously inflicts grave bodily harm, irreversible disability or irreparable disfigurement upon another person. "Monday", 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. 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. "addressRegion": "FL", 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. Penalties for the offense include 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. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. Your Message Has been Successfully Sent. We provide free initial consultations to discuss the charges against you and possible defenses. Furthermore, Mr. Parikh could have simply ridden out his legal career as a prosecutor, but he chose, to pursue criminal defense. 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. Battery Reclassified as a Felony Because of a Prior Conviction. Uses a deadly weapon; or. Additionally, this could include a death. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. Call (561) 832-4348 or visit his website. WebAggravated battery charges result in more severe penalties than battery. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. The state of Florida has two classifications regarding assault a felony and a misdemeanor. Aggravated Assault, as defined in 784.021, Florida Statutes 3. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. If you have been arrested or believe you will soon be arrested for the offense of aggravated battery on person 65 years of age or older in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850)6090940 or contact us online. With compassion and confidence, they zealously represent their clients. 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. "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. 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.
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