St. Petersburg, FL 33705 The information you provide will be used to answer your questions or to schedule an appointment if requested. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. 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 permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. 784.08(2)(a). 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. Aggravated assault is a third-degree felony under Florida Statute 784.011. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery. 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. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, 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. The student is being charged as an adult and is being held on $1 million bond. Sentence for Aggravated Battery with a Deadly Weapon. "telephone": "(813) 391-8051" WebFelony battery is a simple battery enhanced by causing injury to the victim. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 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 70-63; s. 732, ch. "Wednesday", today! 2023 All Rights Reserved. Call (561) 832-4348 or visit his website. 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. 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. 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. Aggravated assault happens when a simple assault transforms into a more severe act of violence. "addressRegion": "FL", 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. Penalties for the offense include Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. "@type": "PostalAddress", A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. 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. All Rights Reserved. Bradenton, FL 34205 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. 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. 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. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. 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. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. 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. Examples of protected classes of victims include elderly victims (age 65 and older), law enforcement officers, emergency responders, health care workers, school employees, and certain public employees (such as transit workers and child protection). *. Web2. 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. The contact you made with the alleged victim was accidental, not intentional. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. 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. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. West Palm Beach, FL 33401 We provide free initial consultations to discuss the charges against you and possible defenses. Sexual battery may also be known as rape or sexual assault. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. Get a Free Case Evaluation Besides these ramifications, being convicted guilty would be permanent on your record. I understand that submission of an online form does not constitute an attorneyclient relationship. Alibi There are various types of assault battery, simple assault, and aggravated assault. Tampa, FL 33607 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). 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In short, an aggravated battery is a more severe form of battery. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. An aggravated battery is generally classified as a second degree felony. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. Uses a deadly weapon; or. Home Violent Crimes Battery and Aggravated Battery. 71-136; s. 20, ch. ], To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. 784.021 Aggravated assault.. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. 0:10. 2016 - 2023 Law Office of Glenn M. Swiatek. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. "@type": "LegalService", "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", 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. All Rights Reserved. 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. Copyrights 2022. "@type": "PostalAddress", 88-344; s. 7, ch. To learn more about the process to obtain an aggravated battery bail bond, contact us today. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. }, 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. 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. Nolan C. Love, 46, appeared in court Friday for a bond review hearing after being charged with aggravated domestic battery involving strangulation (Class 2 felony) 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. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. WebView Entire Chapter. 1005 N. Marion St. A victim of Aggravated Battery on W Commercial Blvd. You should not rely on this information when making decisions about your case. 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. "dayOfWeek": [ We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. Great bodily harm or permanent harm. 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. Consent or mutual contact 75-298; s. 3, ch. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. The Defendant intentionally caused bodily harm to the alleged victim. Aggravated battery charges result in more severe penalties than battery. Attorney Parikh has not always been in private practice. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. Try again later. Suite 150 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. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. Felony battery (F.S. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. For victims between 12 and 18, the crime is a life felony. Send us a Message to Book Your Free, No-Obligation Consultation Now. Florida Statute Section 784.03(2) might cause a simple misdemeanor battery to be reclassified as a felony because of a prior conviction for battery, aggravated battery, or felony battery. 784.03(2), Fla. Stat. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. Contact him today to begin to discuss your case. Aggravated battery is an offense that they will be particularly adamant about. 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. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. USA TODAY is not naming the student because the teen is a minor.