aggravated battery florida bond

WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. Statutes: FS 784.011 Assault. The next step is to appear at a hearing called the first appearance hearing. A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. "Sunday" The journals or printed bills of the respective chambers should be consulted for official purposes. ", If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery. 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 Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. { 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. 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. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. Skip to Navigation | Skip to Main Content | Skip to Site Map. The defenses for these types of offenses will vary depending on the circumstances of each case. In Florida, an aggravated battery with a deadly weapon is a second-degree felony which is punishable by up to 15 years of prison and a maximum fine of $10,000. WebFlorida uses minimum statutory sentences. "addressCountry": "United States", Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. Your Message Has been Successfully Sent. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Copyright 2000- 2023 State of Florida. 561-832-4348. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. There are certain requirements the prosecution must meet in order to attain a legitimate guilty 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. afelony of the third degree is reclassified to a felony of the second degree; a felony of the second degree is reclassified to a felony of the first degree; or. 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. Call Musca Law today at 888-484-5057 to schedule an appointment. In certain circumstances, a felony conviction also can result in the loss of a professional license. 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. 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. A mandatory minimum sentence Tampa, FL 33602 There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. Minimum sentences may also apply. Battering a person who was known to be pregnant. Quick. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. So, when our firm takes on a new aggravated battery case, one of the first things we do is look for any holes in the prosecutors case. As a result, Parikh Law, P.A. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. Penalties for the offense include Aggravated assault happens when a simple assault transforms into a more severe act of violence. They can also include everyday objects that can be used in a manner likely to cause death or great bodily harm, for example, steel-toed boots. "telephone": "(727) 828-3900" 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.. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. Committing battery in furtherance of a riot also constitutes felony battery. To learn more about the process to obtain an aggravated battery bail bond, contact us today. 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. Additionally, this could include a death. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. Battering a pregnant woman. "Wednesday", "telephone": "(941) 405-5193" WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. People charged with aggravated battery face up to 30 years behind bars. When one person intentionally or knowingly comes into physical contact with another individual against the other persons will, that is considered aggravated battery, as outlined in Florida Statute 784.045. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. 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. Attorney Parikh has not always been in private practice. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. 70-63; s. 732, ch. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Aggravated battery charges result in more severe penalties than battery. "postalCode": "33607", 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. Tampa, FL 33607 When the aggravated battery is committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01, the aggravated battery is ranked one level above the ranking under s. 921.0022 for the offense committed. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. 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. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 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. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. A person who violates subsection (1) commits a felony of the second degree, punishable as provided in s. For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. s. 1, ch. Because an aggravated battery charge carries life-long consequences, its important to secure your friend or family members release so they can attend to personal affairs. Copyright 2020 Roundtree Bonding. 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. For example, pointing a handgun at another person to scare them is considered aggravated assault. Get a Free Case Evaluation 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. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. 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. In other words, an aggravated battery with a deadly weapon means that the defendant intentionally and unlawfully touched or struck a person, while using a deadly weapon. 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.. Having the early help of a criminal attorney can help you prepare a strong legal defense. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. "streetAddress": "915 1st Ave N", Publications, Help Searching Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. 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. 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. West Palm Beach, FL 33401 Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or "@context": "http://www.schema.org", "addressLocality": "Tampa", 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. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Aggravated and felony penalties apply when the harm or possible harm increases. a felony of the first degree is reclassified to a life felony. Copyrights 2022. 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. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. What Is the Bond for Aggravated Battery? b. used a deadly weapon, which is a weapon that was used or threatened to be used in a manner likely to cause great bodily harm or death. Your Message Has Not been sent. Even though you are an intelligent individual, matters of criminal defense may be far beyond your scope of experience, which does not fare well for you if you are being accused of a charge as serious as aggravated battery. WebAggravated battery charges result in more severe penalties than battery. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Any crime that involves a physical attack is defined as an assault. surrounding areas nearby on Florida's Panhandle. Let us put our experience to work for you. 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. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. If a person commits this crime with a A person who violates subsection (1) commits a felony of the second degree, punishable as provided in s. For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. s. 1, ch. 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. Using a deadly weapon while committing the offense. This article was last updated on Friday, January 14, 2022. Lack of intent He is currently 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. WebAggravated battery is a serious charge and is a second-degree felony which has a maximum punishment of 15 year in prison and a $10,000 fine. 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. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. "openingHoursSpecification": { 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. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. Aggravated assault is a third-degree felony under Florida Statute 784.011. Learn more about the attorney's qualifications and experience in fighting criminal cases. 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. 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. Related Resource: Difference Between Assault and Battery in Florida. He is currently being held on a $1 million bond according to The Daily Mail. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. 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. Sitemap. 2nd 1. If a person, while committing the crime of battery : 1. WebAggravated battery is an offense that they will be particularly adamant about. Ronald S. Chapman, P.A. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Protected victims. Using a deadly weapon (a weapon used }, 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. "addressRegion": "FL", You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations.