Aggravated assault happens when a simple assault transforms into a more severe act of violence. 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. Initial Office Consults are free, and I will make myself available to suit your schedule. Felony battery (F.S. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. You should not rely on this information when making decisions about your case. 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.. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. 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. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. However, the quality of the service you receive can vary drastically. Disclaimer: The information on this system is unverified. Tampa, FL 33607 Any crime that involves a physical attack is defined as an assault. Statutes, Video Broadcast Quick. With compassion and confidence, they zealously represent their clients. WebFlorida uses minimum statutory sentences. "addressLocality": "Bradenton", Call us to schedule a time to talk with the attorneys in the office or over the phone. Teen in Vicious Attack on Florida Teacher's Aide to Be Charged as Adult, Given $1M Bond The teen was arrested on a felony aggravated battery with bodily harm Uses a deadly weapon. "https://www.goldmanwetzel.com", If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. 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. 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. 1005 N. Marion St. "postalCode": "33607", Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. Home Assault and Battery Aggravated Battery, Tell us about your case. 2021-6. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. (Fla. Stat. Unlike battery, assault does not imply bodily harm or physical contact to the victim. Firearm discharged during incident 20 years imprisonment Instead, choose the Florida criminal defense law firm with over 150 years of collection experience fighting for justice. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. 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 "addressRegion": "FL", 915 1st Ave N Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. { 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. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. 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. Skip to Navigation | Skip to Main Content | Skip to Site Map. "closes": "23:59" 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. WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. (941) 405-5193, 3030 N. Rocky Point Dr | Privacy Policy | Disclaimer With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. People charged with aggravated battery face up to 30 years behind bars. LocationJacksonvilleOrlando 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. 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. If you're in a hurry to find the penalties, skip down to the following sections. 2013 - 2023 Sammis Law Firm P.A. 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. Try again later. 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. 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). 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. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. (727) 828-3900, 1023 Manatee Ave W Contact us to talk with a criminal defense attorney to discuss your case today. Having the early help of a criminal attorney can help you prepare a strong legal defense. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. 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. We respect your privacy. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. "@context": "http://www.schema.org", Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. Our team is commited to your best outcome. Using a deadly weapon while committing the offense. 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. 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. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). 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. 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. 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. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. "openingHoursSpecification": { The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. 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. Intentionally or knowingly touching another person to cause them great bodily harm (i.e., broken bones, substantial bruising, injuries that require surgery, etc), permanent disability, or disfigurement. Riots. A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. (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. 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. today! Under Florida law, Aggravated Battery is generally classified as a second degree felony. Finding the right attorney is an important decision. Everyone here at Parikh Law, P.A. 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. (b) With an intent to commit a felony. The penalties Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 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. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", The contact you made with the alleged victim was accidental, not intentional. 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. 75-298; s. 3, ch. 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. Securing professional licenses and/or certifications. Each aggravated battery case is different. Aggravated battery must be proven beyond a reasonable doubt that the defendant intentionally struck the victim and intentionally caused bodily harm or permanent disability while committing battery. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. If a person, while committing the crime of battery : 1. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. Firearm possessed during incident Minimum term of 10 years imprisonment "addressCountry": "United States", The average total bail amounts for different categories of crimes depend on various factors. Battery Reclassified as a Felony Because of a Prior Conviction. In Florida, an aggravated battery is a severe offense that can result in harsh penalties. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. Looking forward to speaking with you soon. Get a Free Case Evaluation Felony battery (F.S. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. Office: 813.250.0500 If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the Web(1) (a) A person commits aggravated battery who, in committing battery: 1. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. The attorney listings on this site are paid attorney advertising. 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 incident happened at Matanzas High School in Palm Coast, Florida. "@type": "PostalAddress", 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. 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. 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. For instance, if the person is charged with a simple assault, the penalties can be up to 6 months in probation, 60 days in jail, and/or a $500 fine. 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. 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 some states, the information on this website may be considered a lawyer referral service. "addressRegion": "FL", Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. An aggravated battery is generally classified as a second degree felony. 2023 All Rights Reserved. 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. Committee As a result, Parikh Law, P.A. If a person commits this crime with a Ronald S. Chapman, P.A. ", Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). Learn more about the attorney's qualifications and experience in fighting criminal cases. The victim identified the wrong defendant, i.e., you have an alibi.

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