"sameAs": [ 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 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. 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. The law is constantly changing and evolving. Statutes, Video Broadcast
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. Battering a pregnant woman. Understanding Sexual Battery and Rape Related Resource: Difference Between Assault and Battery in Florida. Florida Call (561) 832-4348 or visit his website. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. Uses a deadly weapon. 1. Minimum sentences may also apply. Copyright 2000- 2023 State of Florida. 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. At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. Florida The Defendant intentionally caused bodily harm to the alleged victim. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. Contact him today to begin to discuss your case. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. The defendant, in committing the battery (intentionally striking or causing bodily harm), intentionally or knowingly: (a) caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim, or (b) used a deadly weapon. 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. If you need immediate help, call 321-558-2704. Sentence for Aggravated Battery with a Deadly Weapon. 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. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. Get a Free Consultation Call Us - Available 24/7. 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. They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. Get a Free Case Evaluation "https://www.goldmanwetzel.com", 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. 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. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. Additionally, this could include a death. 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. 2023 All Rights Reserved. The attorney listings on this site are paid attorney advertising. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. Javascript must be enabled for site search. 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. Alibi If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. A victim of Aggravated Battery on W Commercial Blvd. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, 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. "addressLocality": "Bradenton", "https://twitter.com/goldmanwetzel" 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. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. "@type": "PostalAddress", If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. Schedule your FREE Consultation! Illegal Use of Explosives, as defined in 552.22(1) or 790.161(2), (3) or (4), Florida See 948.06(8)(c)(18), Florida Statutes Offenses where NO BOND shall be set until FAH: 1. 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. Besides these ramifications, being convicted guilty would be permanent on your record. 71-136; s. 20, ch. Florida }, Confidential or time-sensitive information should not be sent through this website. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. 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. 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. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. 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. Battery on a Law Enforcement Officer under Florida Law. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. 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 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. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. 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. This is due to the severity of the crime and potential sentences imposed. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. (941) 405-5193, 3030 N. Rocky Point Dr In fact, Section 901.15(9)(a) provides that anofficer can make an arrest for a misdemeanor simple battery charge if the officer gathers probable cause that the crime occurred outside of the officers presence. Our attorneys handle cases throughout Northeast and Central Florida. What Is the Bond for Aggravated Battery? WebAggravated battery on a pregnant woman is a second-degree felony, punishable by up to fifteen years in prison and up to $10,000 in fines. Having the early help of a criminal attorney can help you prepare a strong legal defense. The penalties A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Florida Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. "addressCountry": "United States", Aggravated Battery Defense In Tampa, Florida - The Hardy Law Firm WebDefinition of Aggravated Battery on a Pregnant Woman Florida Statute 784.045(2)(b) Under FSS 784.045(2)(b), A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. Confidential. WebAggravated battery is an offense that they will be particularly adamant about. Start here to find criminal defense lawyers near you. 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. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally caused great bodily harm or permanent disability or disfigurement to the victim. 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. - Privacy Policy - Lawyer Website Design by: INTERNET LAVA, Battery on a Person 65 Years Old or Older, list of 22 statutory exceptions to the warrantless arrest rule found in Section 901.15, F.S. Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. "telephone": "(727) 828-3900" 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. 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. 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. 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. 3. 2021-6. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. Aggravated Battery on Person 65 or Older. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 2021-6. "@type": "OpeningHoursSpecification", Web2. Depa is being held in jail on a $1 million bond. Under Florida law, a battery charge can be a misdemeanor or felony offense. Battery Reclassified as a Felony Because of a Prior Conviction. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. Using a deadly weapon (a weapon used Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). Copyrights 2022. The student is being charged as an adult and is being held on $1 million bond. 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. 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. The information on this website is for general information purposes only. 2nd Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. Defense of others Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. Non-consensual contact of a sexual nature using any object also qualifies for this charge. In other words, an assault requires a threat that causes fear of harm, whereas battery requires offensive or unwanted touching or contact that causes physical harm. 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. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history.