The victim identified the wrong defendant, i.e., you have an alibi. These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. Our attorneys handle cases throughout Northeast and Central Florida. Get Directions. 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. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. 88-344; s. 7, ch. 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. 561-832-4348. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense A second or subsequent battery offense (including simple battery) results in felony battery charges. Tampa, FL 33607 "@type": "OpeningHoursSpecification", Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. today! 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. "closes": "23:59" 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. 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. 70-63; s. 732, ch. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. David Robert Andrus. We update the information on this website periodically, but the information on this site should not be used as legal advice for your personal problem. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. 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. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. 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. As a result, Parikh Law, P.A. "addressRegion": "FL", Office: 813.250.0500
Below, you'll find explanations of terms used in the laws for assault and battery. Repeat battery offenses. 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 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. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. Before you decide, schedule an appointment to meet directly with the attorney. Causing permanent disability or disfigurement. LocationJacksonvilleOrlando With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. 784.045(2), Fla. Stat. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. Web(1) (a) A person commits aggravated battery who, in committing battery: 1. 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. This website is maintained by Jason D. Sammis and Leslie M. Sammis. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. This is due to the severity of the crime and potential sentences imposed. 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. Publications, Help Searching
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. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. Bradenton, FL 34205 2. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Felony battery in Florida involves any of the following circumstances. Web2. Your consultation with us will be free and classified. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. Contact us for a free consultation. Finding the right attorney is an important decision. ], Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. ] If you need immediate help, call 321-558-2704. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. (b) With an intent to commit a felony. This offense occurs 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. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. The incident happened at Matanzas High School in Palm Coast, 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. Firearm possessed during incident Minimum term of 10 years imprisonment Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. We would be honored to welcome you to our family and be able to see you through this dire time in 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. Any act of battery upon another person under 784.03, however, is found on a list of 22 statutory exceptions to the warrantless arrest rule found in Section 901.15, F.S. 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. Depa is being held in jail on a $1 million bond. 2021-6. 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. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. 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. 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. 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. - 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. Using a deadly weapon (a weapon used Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. They are then responsible for appearing at all court dates until the case is resolved. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. 74-383; s. 10, ch. Semi-automatic weapon or machine gun possessed 15 years imprisonment Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. What Is the Bond for Aggravated Battery? }, (Fla. Stat. "Thursday", If a person who was the victim of a battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant, then the offender may be guilty of the crime of aggravated battery. Our team is commited to your best outcome. 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. Send us a Message to Book Your Free, No-Obligation Consultation Now. The standard jury instruction under Chapter3.3(c) applies to cases with an aggravation of a felony by committing an aggravated battery as provided in Section 775.087(1), Fla. Stat. Aggravated and felony penalties apply when the harm or possible harm increases. Lack of intent Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. 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.. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. 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. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. 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. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. 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. 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. Using a deadly weapon while committing the offense. If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. He is currently being held on a $1 million bond according to The Daily Mail. He is currently 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). Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. Under Florida law, a battery charge can be a misdemeanor or felony offense. 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. 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. Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. In order to be considered an aggravated battery, it should be proven that the defendant knew or should have known that the victim was pregnant at the time of the offense. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. Web2. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. Get a Free Consultation Call Us - Available 24/7. WebFelony battery is a simple battery enhanced by causing injury to the victim.