Tampa, FL 33602 Uses a deadly weapon. Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. There was no specific intent to cause the level of injury that incurred. This website is maintained by Jason D. Sammis and Leslie M. Sammis. 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. 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. All Rights Reserved, 2632 NW. As you review the penalties below, here are some of the terms you'll encounter and their meanings. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. 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. Looking forward to speaking with you soon. { 2023 All Rights Reserved. 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. 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. WebFlorida law defines an act of aggravated battery as: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon; or an act of battery committed against a person who is pregnant at the time of the offense and where the offender should have known the victim was pregnant. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. 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. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. In some states, the information on this website may be considered a lawyer referral service. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. They will be working hard to prove their case, which is another key reason why you should obtain the services of a criminal defense attorney who will work even more diligently to prove your innocence. today! (727) 828-3900, 1023 Manatee Ave W Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. If you need immediate help, call 321-558-2704. They must also prove that the alleged offender used a deadly weapon when the incident occurred or that they knowingly caused the alleged victim permanent disability or disfigurement or major bodily harm. Although you might find links to other websites maintained by public entities or private third parties on this website, the presence of such a link does not imply an endorsement of the third party website or the accuracy of its content. Web(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1005 N. Marion St. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or The maximum sentence is life in prison with $10,00 in fines. We Defend. This kind of fervor is not seen every day. 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. The state of Florida has a bond schedule, set for the different categories of offenses. Since 1990, Mr. Chapman has been representing people who have been accused of committing various types of crimes such as DUI, domestic violence, possession of a firearm, drug possession, expungement, traffic crimes, murder, manslaughter, crimes against children, sex crimes, crimes against the elderly, appeals, and violations of probation. A felony conviction can seriously impact your life. "url": "https://www.goldmanwetzel.com", (941) 405-5193, 3030 N. Rocky Point Dr Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or "addressRegion": "FL", Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. "postalCode": "33607", Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. Adopted in July of 1992 and last amended in 2011, the instruction provides: If you find that (defendant) committed (felony as identified by 775.087(1), Fla. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. 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. 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. (2) A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. 0:10. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. This offense occurs 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. 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 Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. In certain circumstances, a felony conviction also can result in the loss of a professional license. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. Summer Goldman and Maribeth Wetzel have over 30 years combined experience. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to Disclaimer: The information on this system is unverified. Alibi Get Directions. A 17-year-old Florida high school student accused of beating a teaching assistant unconscious earlier this month will be charged as an adult. We would be honored to welcome you to our family and be able to see you through this dire time in your life. The default bonds for misdemeanors are: 1st-degree misdemeanor $500. Call (561) 832-4348 or visit his website. See Knowles v. State, 65 So. 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. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. All Rights Reserved. If you are facing criminal charges in Florida, Ronald Chapman can help. "Sunday" Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. (888) 727-4652, 2020 Goldman Wetzel, PLLC. Let us put our experience to work for you. Our team is commited to your best outcome. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. Consent or mutual contact 71-136; s. 20, ch. However, the quality of the service you receive can vary drastically. Great bodily harm or permanent harm. 70-63; s. 732, ch. Felony battery (F.S. "telephone": "(813) 391-8051" If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. 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. Stat.) 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. 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. Given the severity of the offense, an aggravated battery can result in severe punishments. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. Each aggravated battery case is different. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. If you have been charged with aggravated battery in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth, Lantana, North Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, or Wellington, call me, attorney Ronald Chapman, at 561-832-4348 to discuss your case and see how I might be able to help you. Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Repeat battery offenses. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Riots. 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? Since there is not a clear definition of what a deadly weapon is, you should speak to a battery attorney so they can examine the circumstances of your case. WebSimple assault is a second-degree misdemeanor. A victim of Aggravated Battery on W Commercial Blvd. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. This type of assault can occur with a deadly weapon, like a rock, firearm, knife, etc. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. Copyright 2000- 2023 State of Florida. Battery offense implies that the defendant made physical contact with the victim. Office: 813.250.0500 In fact, he began his legal career as a prosecutor for Orange County, Florida. 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. 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. "Saturday", Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. 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. 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. 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. "name": "Goldman Wetzel", 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. WebA person can commit the crime of aggravated battery in one of three ways in Florida. Contacting us does not create an attorney-client relationship. 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. Aggravated assault is a third-degree felony under Florida Statute 784.011. Semi-automatic weapon or machine gun possessed 15 years imprisonment 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. The name of the jail where the friend or family member is being held in custody. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. In short, an aggravated battery is a more severe form of battery. "streetAddress": "915 1st Ave N", If you're in a hurry to find the penalties, skip down to the following sections. Drop us a line today and schedule a confidential consultation today. The contact you made with the alleged victim was accidental, not intentional. 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. 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. Publications, Help Searching If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. "https://www.goldmanwetzel.com", Using a deadly weapon (a weapon used Aggravated Battery on Person 65 or Older. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. 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. 74-383; s. 10, ch. The victim identified the wrong defendant, i.e., you have an alibi. 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. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South It is important to notice that a deadly weapon is not necessarily restricted to a firearm. For example, pointing a handgun at another person to scare them is considered aggravated assault. "streetAddress": "3030 N Rocky Point Dr, Suite 150", Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. Additionally, this could include a death. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. Initial Office Consults are free, and I will make myself available to suit your schedule. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. The assault charges will depend on the situation. 3. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. The information on this website is for general information purposes only. Home Assault and Battery Aggravated Battery, Tell us about your case. Bradenton, FL 34205 A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. You had no way of knowing the alleged victim was pregnant. 200 E Robinson Suite 1140Orlando, FL 32801. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. 2021-6. Bond agents in Florida are there to help you through the process and post bond on your behalf. Call us to schedule a time to talk with the attorneys in the office or over the phone. 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. There are certain requirements the prosecution must meet in order to attain a legitimate guilty "@type": "PostalAddress", Suite 150 And for more information on simple assault and battery, see Simple Assault and Battery in Florida. 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. WebAggravated battery is a second-degree felony in the state of Florida. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. 75-298; s. 3, ch. 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). Confidential or time-sensitive information should not be sent through this website. "sameAs": [ We respect your privacy. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. This is due to the severity of the crime and potential sentences imposed. 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. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. 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. Aggravated battery charges result in more severe penalties than battery. Our attorneys handle cases throughout Northeast and Central Florida. Ronald S. Chapman, P.A. surrounding areas nearby on Florida's Panhandle. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Possession With Intent To Sell, Manufacture or Deliver, Introduction Of Contraband Into Detention Facility, Violation Of A Restricted Drivers License, Giving False Information To Law Enforcement, Improper Exhibition of a Firearm or Weapon. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. Defense of others The penalties A second or subsequent battery offense (including simple battery) results in felony battery charges. Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). Firearm possessed during incident Minimum term of 10 years imprisonment West Palm Beach, FL 33401 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. Lack of intent 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.. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. | Privacy Policy | Disclaimer 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. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a 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. The law is constantly changing and evolving. 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. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. The incident happened at Matanzas High School in Palm Coast, Florida. 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. 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. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. Uses a deadly weapon; or. Home Violent Crimes Battery and Aggravated Battery. The information you provide will be used to answer your questions or to schedule an appointment if requested. 400 Clematis Street, Suite 206 "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", 88-344; s. 7, ch. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm. Domestic battery by strangulation. WebAggravated battery occurs if the offender: intentionally caused great bodily harm or permanent disability or disfigurement to the victim used a deadly weapon, or knew or 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. Firearm discharged during incident 20 years imprisonment David Robert Andrus. "Monday", Schedule your FREE Consultation! People charged with aggravated battery face up to 30 years behind bars. (Fla. Stat. If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. 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. "@type": "LegalService", Sentence for Aggravated Battery with a Deadly Weapon. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. "addressLocality": "Tampa", 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. 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. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. Court documents obtained by Fox News Digital WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. 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. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. 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. 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.