Statutes, Video Broadcast The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. Disclaimer: The information on this system is unverified. Uses a deadly weapon; or 3. 1005 N. Marion St. 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. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. Before you decide, schedule an appointment to meet directly with the attorney. WebIf you have been arrested or believe you will soon be arrested for the offense of aggravated battery in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 6090940 or contact us online. This article was last updated on Friday, January 14, 2022. "Sunday" The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. Aggravated Assault, as defined in 784.021, Florida Statutes 3. 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. Repeat battery offenses. Initial Office Consults are free, and I will make myself available to suit your schedule. The journals or printed bills of the respective chambers should be consulted for official purposes. 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 Because of this, he is able to form strategies for his clients defenses that will be the most effective. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. Using a deadly weapon while committing the offense. 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. Start here to find criminal defense lawyers near you. 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. "@context": "http://www.schema.org", 2023 All Rights Reserved. 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. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. 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. 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. "name": "Goldman Wetzel", Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. 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. 75-298; s. 3, ch. 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. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. 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. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. Non-consensual contact of a sexual nature using any object also qualifies for this charge. 71-136; s. 20, ch. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. 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. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 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. WebFlorida law defines an act of aggravated battery as: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon; or an act of battery committed against a person who is pregnant at the time of the offense and where the offender should have known the victim was pregnant. Under Florida Statute 784.03, the offense of Battery (often called simple battery) requires that the prosecutor prove the following elements beyond a reasonable doubt: The crime of simple battery is charged as a first degree misdemeanor punishable by up to 12 months in jail. 2nd Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. 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 object used during the incident does not meet the states definition of a deadly weapon. Tampa, FL 33602 Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South The felony battery statute, section 784.041, provides as follows: (1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the will of the other; (b) Causes great bodily harm, permanent disability, or permanent disfigurement. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. 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. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. "streetAddress": "1023 Manatee Ave W, Suite 309", Alibi The Defendant intentionally caused bodily harm to the alleged victim. Our attorneys handle cases throughout Northeast and Central Florida. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. The state of Florida has a bond schedule, set for the different categories of offenses. 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 . "addressRegion": "FL", Defense of others These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. Finding the right attorney is an important decision. However, the quality of the service you receive can vary drastically. Protected victims. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. In fact, he began his legal career as a prosecutor for Orange County, Florida. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. David Robert Andrus. In certain circumstances, a felony conviction also can result in the loss of a professional license. "url": "https://www.goldmanwetzel.com", 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 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. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. 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. Sitemap. Contact him today to begin to discuss your case. 3d 597, 598-99 (Fla. 4th DCA 2011). A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. 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. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. 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. 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. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. Any crime that involves a physical attack is defined as an assault. 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. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the 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. (727) 828-3900, 1023 Manatee Ave W "streetAddress": "3030 N Rocky Point Dr, Suite 150", The attorney listings on this site are paid attorney advertising. Consent or mutual contact Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. 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. Having the early help of a criminal attorney can help you prepare a strong legal defense. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. Depa is being held in jail on a $1 million bond. 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. Penalties for the offense include 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. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. WebView Entire Chapter. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. All Rights Reserved. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", Felony battery in Florida involves any of the following circumstances. "telephone": "(941) 405-5193" (b) With an intent to commit a felony. Aggravated Battery, as defined in 784.045, Florida Statutes 4. The charge of Battery on a law enforcement officer is effectively a misdemeanor charge of battery reclassified to a felony due to the status of the victim being a law enforcement officer.. Aggravated battery charges result in more severe penalties than battery. Drop us a line today and schedule a confidential consultation today. 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. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Battery Reclassified as a Felony Because of a Prior Conviction. 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. "address": [ 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. 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 on Person 65 or Older. Nothing on this site should be taken as legal advice for any individual case or situation. This kind of fervor is not seen every day. 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. Each aggravated battery case is different. WebAggravated battery occurs if the offender: intentionally caused great bodily harm or permanent disability or disfigurement to the victim used a deadly weapon, or knew or The defenses for these types of offenses will vary depending on the circumstances of each case. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. Contact us to talk with a criminal defense attorney to discuss your case today. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. "@type": "PostalAddress", Life parole is A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. { Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. WebFlorida Statutes section 784.045 provides that someone commits aggravated battery when they commit battery by actually and intentionally striking or touching another person against the person's will, and also they knowingly or intentionally cause great bodily harm, permanent disfigurement, or permanent disability. 400 Clematis Street, Suite 206 "addressLocality": "Tampa", To learn more about the bail bondsprocess, contact us today. Everyone here at Parikh Law, P.A. Fax: 813.276.1600, Sammis Law Firm 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 88-344; s. 7, ch. 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. He is currently This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. 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. 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. WebFlorida uses minimum statutory sentences. 561-832-4348. }, touched or struck a person, while using a deadly weapon, the maximum penalties for aggravated battery, Difference Between Assault and Battery in Florida, Self-Defense & Stand Your Ground Laws in Florida, Felon in Possession of Firearm in Florida: Charges & Penalties, Withhold Adjudication in Florida: Definition & Laws, FL Presentence Investigation Report: Definitions & Process, Stalking Laws in Florida: Definitions, Charges & Sentences.
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