Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. 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. In fact, he began his legal career as a prosecutor for Orange County, Florida. 75-298; s. 3, ch. Battery Reclassified as a Felony Because of a Prior Conviction. We Defend. 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. "Thursday", Please leave this field empty. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. Semiautomatic Firearm or Machine Gun Possessed During Incident- Minimum term of imprisonment of 15 years. Copyright 2020 Roundtree Bonding. "Tuesday", This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. "@type": "OpeningHoursSpecification", Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South 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. 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 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. Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. WebAggravated 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. "addressLocality": "Bradenton", West Palm Beach, FL 33401 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. Related Resource: Difference Between Assault and Battery in Florida. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. 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. There was no specific intent to cause the level of injury that incurred. 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. We provide free initial consultations to discuss the charges against you and possible defenses. This offense occurs 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. 1. 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. 561-832-4348. Tampa, FL 33602 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. To learn more about the bail bondsprocess, contact us today. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. 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. (Fla. Stat. Get a Free Case Evaluation Defense of others Committing battery in furtherance of a riot also constitutes felony battery. "addressRegion": "FL", Confidential or time-sensitive information should not be sent through this website. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. 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 "address": [ Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. 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. 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. Any crime that involves a physical attack is defined as an assault. Your consultation with us will be free and classified. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. 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. "https://www.facebook.com/goldmanwetzel/", The law is constantly changing and evolving. The attorney listings on this site are paid attorney advertising. Felony battery in Florida involves any of the following circumstances. "addressCountry": "United States", 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. 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. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. This kind of fervor is not seen every day. 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). Schedule your FREE Consultation! 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Call Musca Law today at 888-484-5057 to schedule an appointment. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. 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. Drop us a line today and schedule a confidential consultation today. "opens": "00:00", 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. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. Some examples of deadly weapons might include baseball bats, knives, cars, broken glass, etc. 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. "https://www.goldmanwetzel.com", 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 Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. 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) As you review the penalties below, here are some of the terms you'll encounter and their meanings. 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. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. 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. 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. The name of the jail where the friend or family member is being held in custody. Fax: 813.276.1600, Sammis Law Firm In Florida, Aggravated Battery is the intentional touching of another person with the intent to inflict great bodily harm or to use a deadly weapon. "postalCode": "33607", { Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). Battery on a Law Enforcement Officer under Florida Law. 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. 2016 - 2023 Law Office of Glenn M. Swiatek. Minimum sentences may also apply. Most people do not have access to the resources that prosecutors have. (727) 828-3900, 1023 Manatee Ave W 3d 597, 598-99 (Fla. 4th DCA 2011). Office: 813.250.0500 "dayOfWeek": [ Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. 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. To all of us, you will never just be a faceless client, but rather a part of our family, that we are determined to protect in every way we can. Florida Criminal Lawyer. The maximum sentence is life in prison with $10,00 in fines. WebAggravated battery is an offense that they will be particularly adamant about. Battering a person who was known to be pregnant. A victim of Aggravated Battery on W Commercial Blvd. USA TODAY is not naming the student because the teen is a minor.

Abbeyfield Development Academy Login, Among Us Emoji To Copy And Paste, Do Twin Flames Hate Each Other, Articles A