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. Court documents obtained by Fox News Digital Your Message Has been Successfully Sent. Finding the right attorney is an important decision. "postalCode": "34205", "@context": "http://www.schema.org", WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. However, the quality of the service you receive can vary drastically. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. We Defend. Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. "@type": "PostalAddress", Attorney Parikh has not always been in private practice. 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 Defendant intentionally caused bodily harm to the alleged victim. After an arrest in Hillsborough County, FL, the offense is sometimes listed on the jail inquiry page as BATTERY (SECOND OR SUBSEQUENT OFFENSE) (DVST0002)., Felony Battery under Florida Statute 784.041. 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. 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). Initial Office Consults are free, and I will make myself available to suit your schedule. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. Drop us a line today and schedule a confidential consultation today. Stat.) You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. Any crime that involves a physical attack is defined as an assault. }, Web2. The incident happened at Matanzas High School in Palm Coast, Florida. In short, an aggravated battery is a more severe form of battery. "addressRegion": "FL", "closes": "23:59" Aggravated battery is an offense that they will be particularly adamant about. 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. "@type": "PostalAddress", 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. Additionally, this could include a death. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. See Knowles v. State, 65 So. 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. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. 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. Aggravated battery charges result in more severe penalties than battery. If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. (888) 727-4652, 2020 Goldman Wetzel, PLLC. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. What Is the Bond for Aggravated Battery? Publications, Help Searching
"@type": "LegalService", Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Great bodily harm or permanent harm. WebFelony battery is a simple battery enhanced by causing injury to the victim. WebTrying to defend against an assault or battery charge without a reputable and highly experienced Florida assault and battery defense lawyer be a dangerous strategy. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Charged with a Serious Offense? 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. 70-63; s. 732, ch. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", 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. "opens": "00:00", Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. 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. Call (561) 832-4348 or visit his website. For victims between 12 and 18, the crime is a life felony. At Parikh Law, P.A., we remain dedicated to helping people just like you. Since the penalties can be harsh when convicted on an aggravated battery charge, it is important to have an experienced Criminal Defense Attorney by your side in court if you are accused of aggravated battery. 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 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. In Florida, the maximum penalties for aggravated battery include: 15 years Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. 784.08(2)(a). After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. Confidential. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. 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. Statutes: FS 784.011 Assault. 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. 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. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. Alibi ], Firearm possessed during incident Minimum term of 10 years imprisonment 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. A mandatory minimum sentence }, 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. Enhanced penalties apply for assault or battery against a vulnerable victim. Call Musca Law today at 888-484-5057 to schedule an appointment. WebView Entire Chapter. WebSimple assault is a second-degree misdemeanor. 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 Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. { 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. If you have been accused of Aggravated Battery, contact Hussein & Webber, PL today for a free consultation. 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. Minimum sentences may also apply. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. "https://twitter.com/goldmanwetzel" Contact him today to begin to discuss your case. If you are facing criminal charges in Florida, Ronald Chapman can help. 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. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. 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. 400 Clematis St. Suite 206, West Palm Beach, FL 33401, Palm Beach County Domestic Battery Attorney, Palm Beach County Seal and Expunge Attorney, Computer Fraud Obtaining Financial Information, Fraud in Connection with Counterfeit Credit Cards, Making a False Statement to a Federal Agency, Possessing a Controlled Substance with the Intent to Distribute, Smuggling Merchandise into the United States, Questions or Schedule An Appointment? 2021-6. 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. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. 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. } The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. David Robert Andrus. Committing battery in furtherance of a riot also constitutes felony battery. 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. is dedicated to your defense and will go the extra mile to make sure that you are being listened to, informed and defended to the highest extent. He is currently being held on a $1 million bond according to The Daily Mail. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. "addressLocality": "Tampa", The sheriff's office said the student is charged with felony aggravated battery with bodily harm. The penalties 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. "addressLocality": "St. Petersburg", 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. If you are found to be guilty, you could be ordered to serve up to fifteen (15) years in prison, serve a probation sentence up to fifteen (15) years and pay fines as high as $10,000. 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. 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. Schedule. We represent clients for felony and misdemeanor battery and assault cases in Clearwater or St. Petersburg in Pinellas County, Bartow in Polk County, Dade City or New Port Richey in Pasco County, Brooksville in Hernando County, or Plant City or Tampa in Hillsborough County. "streetAddress": "915 1st Ave N", WebFlorida uses minimum statutory sentences. Riots. 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. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. 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. Start here to find criminal defense lawyers near you. "https://www.goldmanwetzel.com", The 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. Javascript must be enabled for site search. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. Uses a deadly weapon. 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.