Aggravated Battery. 2021-6. 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 is a more severe version of a simple battery and is a 3rd-degree felony. 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. Non-consensual contact of a sexual nature using any object also qualifies for this charge. Call (561) 832-4348 or visit his website. 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). Aggravated assault happens when a simple assault transforms into a more severe act of violence. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. 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. Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). Some of them include: When it comes to aggravated battery cases, our legal team is prepared to identify a strong strategy for your situation. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. 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. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). Our attorneys handle cases throughout Northeast and Central Florida. "telephone": "(941) 405-5193" A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. 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. An aggravated battery is generally classified as a second degree felony. "@context": "http://www.schema.org", 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. Contacting us does not create an attorney-client relationship. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. Confidential. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. 74-383; s. 10, ch. Web2. If you are facing criminal charges in Florida, Ronald Chapman can help. "Thursday", "addressRegion": "FL", Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. A felony conviction can seriously impact your life. 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. 2013 - 2023 Sammis Law Firm P.A. 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 }, "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", "https://www.facebook.com/goldmanwetzel/", Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. 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. St. Petersburg, FL 33705 Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense 2016 - 2023 Law Office of Glenn M. Swiatek. and you also find beyond a reasonable doubt that during the commission of the crime the defendant committed an aggravated battery, you should find the defendant guilty of (felony) with an aggravated battery. 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. Aggravated and felony penalties apply when the harm or possible harm increases. Under Florida law, a battery charge can be a misdemeanor or felony offense. 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. If a person, while committing the crime of battery : 1. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", 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.. 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. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Contact him today to begin to discuss your case. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. In other words, in Florida, aggravated battery on a law enforcement officer is punishable by up to 30 years of imprisonment (5 years of minimum sentence) and a maximum fine of $10,000. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. "dayOfWeek": [ As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Committing battery in furtherance of a riot also constitutes felony battery. "opens": "00:00", 75-298; s. 3, ch. These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. 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. 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. This is due to the severity of the crime and potential sentences imposed. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. "Family or household members" include current and former spouses, persons related by blood or marriage, persons currently or formerly residing together as if family, or persons who share a child. He is currently being held on a $1 million bond according to The Daily Mail. knew or should have known the victim was pregnant. 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. "addressLocality": "Bradenton", 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. Minimum sentences may also apply. "Sunday" Home Assault and Battery Aggravated Battery, Tell us about your case. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. Felony battery (F.S. ], For victims between 12 and 18, the crime is a life felony. 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. If a person commits this crime with a Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. Enhanced penalties apply for assault or battery against a vulnerable victim. 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. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. "closes": "23:59" WebAggravated battery charges result in more severe penalties than battery. 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. WebFelony battery is a simple battery enhanced by causing injury to the victim. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. That said, having an attorney puts you at an advantage, since they will be able to fully review your case and find out which defense, or defenses, would be the strongest in your particular case. "addressCountry": "United States", 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. "telephone": "(727) 828-3900" Contact us for a free consultation. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South Copyrights 2022. 74-383; s. 10, ch. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. Start here to find criminal defense lawyers near you. "@type": "PostalAddress", The default bonds for misdemeanors are: 1st-degree misdemeanor $500. 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. 71-136; s. 20, ch. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. 200 E Robinson Suite 1140Orlando, FL 32801. 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. Call us to schedule a time to talk with the attorneys in the office or over the phone. }, 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. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. Repeat battery offenses. David Robert Andrus. The attorney listings on this site are paid attorney advertising. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. 71-136; s. 20, ch. Your Message Has Not been sent. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. 88-344; s. 7, ch. "address": [ WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. Ronald S. Chapman, P.A. (b) With an intent to commit a felony. Get Directions. Drop us a line today and schedule a confidential consultation today. WebSimple assault is a second-degree misdemeanor. Using a deadly weapon (a weapon used 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. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. 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. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or The incident happened at Matanzas High School in Palm Coast, Florida. LocationJacksonvilleOrlando 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. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. 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. today! And for more information on simple assault and battery, see Simple Assault and Battery in 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. 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. 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 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. "@type": "PostalAddress", The victim identified the wrong defendant, i.e., you have an alibi. If you need immediate help, call 321-558-2704. 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. 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 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. He is currently being held on a $1 million bond according to The Daily Mail. 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. "addressRegion": "FL", 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 remain dedicated to helping people just like you. If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery. Send us a Message to Book Your Free, No-Obligation Consultation Now. 3d 597, 598-99 (Fla. 4th DCA 2011). 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. 1005 N. Marion St. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. (727) 828-3900, 1023 Manatee Ave W The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. WebA conviction means there was a determination of guilt in your previous case, even if adjudication was withheld or you entered a plea of nolo contender e. Simple assault and battery are misdemeanors under Florida law but may be aggravated to felony charges if certain facts are alleged. For example, pointing a handgun at another person to scare them is considered aggravated assault. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. 70-63; s. 732, ch. It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. Battering a person who was known to be pregnant. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. Felony convictions are not simply a mark on your permanent criminal record, but they can also be a detriment to your life in a myriad of other ways outside of the Florida criminal justice system. ] Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. Please leave this field empty. 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. 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. The information you obtain at this site is not, nor is it intended to be, legal advice.You should consult an attorney for advice regarding your individual situation. If you're in a hurry to find the penalties, skip down to the following sections. 2. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. Any crime that involves a physical attack is defined as an assault. Finding the right attorney is an important decision. No intent to cause great bodily harm, disfigurement, etc. 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.