Causing permanent disability or disfigurement. The state of Florida has two classifications regarding assault a felony and a misdemeanor. WebAggravated battery is a second-degree felony in the state of Florida. 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. A felony conviction can seriously impact your life. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. He is currently being held on a $1 million bond according to The Daily Mail. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. Besides these ramifications, being convicted guilty would be permanent on your record. 88-344; s. 7, ch. Penalties for the offense include 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. To learn more about the bail bondsprocess, contact us today. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. This is due to the severity of the crime and potential sentences imposed. 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 In Florida, the maximum penalties for aggravated battery include: 15 years All Rights Reserved, 2632 NW. 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. 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. 3d 597, 598-99 (Fla. 4th DCA 2011). "addressRegion": "FL", A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. LocationJacksonvilleOrlando Juvenile Aggravated Assault and Aggravated Battery "dayOfWeek": [ The contact you made with the alleged victim was accidental, not intentional. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Statutes 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. Florida No intent to cause great bodily harm, disfigurement, etc. 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. 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. Enhanced penalties apply for assault or battery against a vulnerable victim. Firearm discharged during incident 20 years imprisonment Instruction 8.4 of the Florida Standard Criminal Jury Instructions, as summarized below, provides that to prove the crime of aggravated battery, the State must prove the following two elements beyond a reasonable doubt. (941) 405-5193, 3030 N. Rocky Point Dr A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. 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 To learn more about the process to obtain an aggravated battery bail bond, contact us today. "addressCountry": "United States", 71-136; s. 20, ch. 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. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. West Palm Beach, FL 33401 The name of the jail where the friend or family member is being held in custody. 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. Suite 309 If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery. BOND "address": [ This is not to say that other firms are not exceptional at what they do, but not all firms have the background that Attorney Rahul Y. Parikh has when it comes to aggravated battery cases. 0:51. 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. Your Message Has been Successfully Sent. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. Most people do not have access to the resources that prosecutors have. Student attacks Florida school employee for taking Nintendo Switch Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. *. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. bond XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. 784.045(2), Fla. Stat. 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. Finding the right attorney is an important decision. Our attorneys handle cases throughout Northeast and Central Florida. If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. 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. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. WebAggravated battery charges result in more severe penalties than battery. Bond agents in Florida are there to help you through the process and post bond on your behalf. 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 Statutes, Video Broadcast "addressRegion": "FL", Because of this, he is able to form strategies for his clients defenses that will be the most effective. Florida Aggravated Battery Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Felony battery (F.S. "addressLocality": "Tampa", Aggravated Battery on Person 65 or Older. 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. Felony battery in Florida involves any of the following circumstances. Florida 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. You had no intention to cause bodily harm Teen in Vicious Attack on Florida Teacher's Aide to Be Charged as 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. 70-63; s. 732, ch. The state of Florida has a bond schedule, set for the different categories of offenses. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. 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. 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. As you review the penalties below, here are some of the terms you'll encounter and their meanings. 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. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. 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. Aggravated Assault in A battery that is reclassified as a felony because of a prior conviction is charged as a third-degree felony which is punishable by up to five years in Florida State Prison and a $5,000 fine. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. Florida Charges for Aggravated Battery on a Pregnant Female. 70-63; s. 732, ch. 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. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. Uses a deadly weapon; or 3. WebFelony battery is a simple battery enhanced by causing injury to the victim. Contact him today to begin to discuss your case. All Rights Reserved. Intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim; Battered a person whom the defendant knew or should have known was pregnant. David Robert Andrus, 41, of Summerfield, was at the wheel of the silver Chevy pickup shortly before 9 p.m. Sunday on State Road 25 near Eagles Nest Road when a Fruitland Park police officer noticed the Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. You were in fear of your life 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. 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. WebFlorida uses minimum statutory sentences. Additionally, this could include a death. He is currently Aggravated Battery- Florida | Definition, Penalties, Defenses "@type": "OpeningHoursSpecification", 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. 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. WebAccording to Florida Statute 784.045, a person commits Aggravated Battery in Florida on a Pregnant Woman if the person: Actually and intentionally touches or strikes another 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. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. St. Petersburg, FL 33705 It is important to notice that a deadly weapon is not necessarily restricted to a firearm. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. Battering a pregnant woman. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. 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 an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. This offense occurs A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. The victim was at the time over 65 years of age. Uses a deadly weapon; or. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. 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. Well always make sure you and your friend or family member understand the process, responsibilities, and when all court dates are. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. Statutes & Constitution :View Statutes : Online Sunshine Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Sexual battery may also be known as rape or sexual assault. "Monday", 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. 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. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. Statutes & Constitution :View Statutes : Online Sunshine 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) on Feb. 26. This website is maintained by Jason D. Sammis and Leslie M. Sammis. 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. "streetAddress": "3030 N Rocky Point Dr, Suite 150", "opens": "00:00", The defenses for these types of offenses will vary depending on the circumstances of each case. What Constitutes Sexual Battery in Florida Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. Our team is commited to your best outcome. 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. Felony battery (F.S. People charged with aggravated battery face up to 30 years behind bars. 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. 75-298; s. 3, ch. Send us a Message to Book Your Free, No-Obligation Consultation Now. 784.021 Aggravated assault.. If a person, while committing the crime of battery : 1. Firearm possessed during incident Minimum term of 10 years imprisonment For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. Battery on a Law Enforcement Officer under Florida Law. 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. Nothing on this site should be taken as legal advice for any individual case or situation. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. (Fla. Stat. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. In addition, you may also be accused of aggravated battery if you carried out the act, knowing that the victim was pregnant, or if you used a deadly weapon to carry out the offense. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. (b) With an intent to commit a felony. Schedule your FREE Consultation! 400 Clematis St. Suite 206,West Palm Beach, FL 33401. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. WebUnder Florida Code 784.045 an individual can be charged with aggravated battery if he or she commits one of the following: A battery wherein he or she intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement A battery using a deadly weapon A battery against a pregnant individual 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. 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. Committing battery in furtherance of a riot also constitutes felony battery. Also, a specific situation is aggravated battery against a pregnant woman occurs when a person commits battery while knowing or should have known the woman was pregnant. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. Average Bond for Assault in Florida - Bail Agent Network 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. Contact us for a free consultation. Initial Office Consults are free, and I will make myself available to suit your schedule. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. In Florida, the maximum penalties for aggravated battery include: If the offense was committed on a law enforcement officer, the charge can be elevated to a first-degree felony. Aggravated Battery Florida: Meaning, Penalties 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. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, Battering a person who was known to be pregnant. Office: 813.250.0500 Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. 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. "streetAddress": "915 1st Ave N", The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot.