aggravated battery florida bond

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. and you also find beyond a reasonable doubt that during the commission of the crime the defendant committed an aggravated battery, you should find the defendant guilty of (felony) with an aggravated battery. 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) on Feb. 26. Committee 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. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Causing permanent disability or disfigurement. 784.021 Aggravated assault.. Confidential or time-sensitive information should not be sent through this website. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new 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. 75-298; s. 3, ch. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. "Saturday", 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. He is currently being held on a $1 million bond according to The Daily Mail. Below, you'll find explanations of terms used in the laws for assault and battery. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. "@type": "PostalAddress", Court documents obtained by Fox News Digital 74-383; s. 10, ch. 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. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. }, 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. Contacting us does not create an attorney-client relationship. { Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. The defendant in committing the battery either: a. knowingly and intentionally caused permanent disfigurement, permanent disability or great bodily harm to the alleged victim; or. Call (561) 832-4348 or visit his website. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. 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. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South "Sunday" 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. 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. 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. You did not know your action would result in bodily harm or disability In fact, he began his legal career as a prosecutor for Orange County, Florida. Copyright 2020 Roundtree Bonding. If there is a lack of evidence (e.g., no proof that a deadly weapon was used), we will bring that to light and try to get the case thrown out. A second or subsequent battery offense (including simple battery) results in felony battery charges. 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. Your Message Has Not been sent. Finding the right attorney is an important decision. 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). 1. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. As a result, Parikh Law, P.A. 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 Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. 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. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. 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. If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery. "addressLocality": "Bradenton", 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. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", This is due to the severity of the crime and potential sentences imposed. 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. Uses a deadly weapon; or. 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. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. Being moved by the way that peoples lives were affected by being convicted guilty of crimes, such as aggravated battery, he was called to step up and advocate for those people. Send us a Message to Book Your Free, No-Obligation Consultation Now. 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. For victims between 12 and 18, the crime is a life felony. A person convicted of aggravated assault or battery faces first- through third-degree felony penalties. b. intentionally caused bodily harm to the victim. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. 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. Schedule. The penalties 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 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. Firearm possessed during incident Minimum term of 10 years imprisonment 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. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. I understand that submission of an online form does not constitute an attorneyclient relationship. Suite 150 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. 400 Clematis Street, Suite 206 Additionally, this could include a death. LocationJacksonvilleOrlando The attorney listings on this site are paid attorney advertising. ] 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) on Feb. 26. Quick. "streetAddress": "915 1st Ave N", "opens": "00:00", A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. 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. 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. Lack of intent Great bodily harm or permanent harm. 0:51. WebAggravated battery charges result in more severe penalties than battery. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Domestic battery by strangulation. 2021-6. 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. 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. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. The defendant did one of the following: a. intentionally touched or struck the victim against his/her will; or. Confidential. WebJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. The state of Florida has a bond schedule, set for the different categories of offenses. Firearm discharged during incident 20 years imprisonment WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. Skip to Navigation | Skip to Main Content | Skip to Site Map. "addressRegion": "FL", The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. Aggravated assault happens when a simple assault transforms into a more severe act of violence. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. ], Enhanced penalties apply for assault or battery against a vulnerable victim. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. Sitemap. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. afelony of the third degree is reclassified to a felony of the second degree; a felony of the second degree is reclassified to a felony of the first degree; or. 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 . Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. Call us to schedule a time to talk with the attorneys in the office or over the phone. "dayOfWeek": [ Felony battery (F.S. Bond agents in Florida are there to help you through the process and post bond on your behalf. 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. 2016 - 2023 Law Office of Glenn M. Swiatek. Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South The contact you made with the alleged victim was accidental, not intentional. 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. An aggravated battery is generally classified as a second degree felony. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim. "url": "https://www.goldmanwetzel.com", David Robert Andrus. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). 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. As you review the penalties below, here are some of the terms you'll encounter and their meanings. Florida Charges for Aggravated Battery on a Pregnant Female. 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. Publications, Help Searching If you need immediate help, call 321-558-2704. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. Attorney Parikh has not always been in private practice. "addressLocality": "Tampa", 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. "closes": "23:59" "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. 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. Each aggravated battery case is different. 2. 70-63; s. 732, ch. 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. You had no intention to cause bodily harm WebSimple assault is a second-degree misdemeanor. Contact him today to begin to discuss your case. Home Assault and Battery Aggravated Battery, Tell us about your case. ", Contact him today to begin to discuss your case. Your consultation with us will be free and classified. WebWhat is the legal definition of Aggravated Battery? 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. Tampa, FL 33602 "addressLocality": "St. Petersburg", Contact us to talk with a criminal defense attorney to discuss your case today. All Rights Reserved, 2632 NW. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or Repeat battery offenses. If you're in a hurry to find the penalties, skip down to the following sections. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. The 17-year-old Depa was charged with aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison, in the attack on a paraprofessional. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. 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. 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. 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. "telephone": "(727) 828-3900" If a person, while committing the crime of battery : 1. "telephone": "(941) 405-5193" The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. This kind of fervor is not seen every day. 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. 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. "@type": "PostalAddress", The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Looking forward to speaking with you soon. Schedule your FREE Consultation! Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. The law also imposes felony penalties for repeat battery offenses, battery to further a riot, and domestic battery by strangulation. Learn more about the attorney's qualifications and experience in fighting criminal cases. He is currently being held on a $1 million bond according to The Daily Mail. 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.