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. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. 0:51. The journals or printed bills of the respective chambers should be consulted for official purposes. 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 student is being charged as an adult and is being held on $1 million bond. *. 2. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. 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. 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. "addressCountry": "United States", Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. USA TODAY is not naming the student because the teen is a minor. Additionally, this could include a death. ], The defendant, in committing the battery (intentionally striking or causing bodily harm), intentionally or knowingly: (a) caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim, or (b) used a deadly weapon. There was no specific intent to cause the level of injury that incurred. If you're in a hurry to find the penalties, skip down to the following sections. 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. Because of this, he is able to form strategies for his clients defenses that will be the most effective. Aggravated assault happens when a simple assault transforms into a more severe act of violence. There are numerous defenses that your criminal defense attorney use for aggravated battery cases. This offense occurs Sitemap. 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. Protected victims. Aggravated Battery Defense In Tampa, Florida - The Hardy Law Firm In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. Statutes 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. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. Sentence for Aggravated Battery with a Deadly Weapon. UNIFORM BOND SCHEDULE - Florida Courts Using a deadly weapon while committing the offense. WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. (Fla. Stat. aggravated battery in Florida Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. Student attacks Florida school employee for taking Nintendo Switch Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. If you are facing criminal charges in Florida, Ronald Chapman can help. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. Our Attorney Rahul Parikh is a battle-tested Orlando criminal defense attorney, who is dedicated to protecting the freedom, reputation, and constitutional rights of his clients. the Average Bail for Aggravated Assault a felony of the first degree is reclassified to a life felony. Florida Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. Uses a deadly weapon; or 3. The attorney listings on this site are paid attorney advertising. Confidential. 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. 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. The object used during the incident does not meet the states definition of a deadly weapon. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. West Palm Beach, FL 33401 Non-consensual contact of a sexual nature using any object also qualifies for this charge. Aggravated Battery With a Deadly Weapon or Serious Injury In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. 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. The law is constantly changing and evolving. People charged with aggravated battery face up to 30 years behind bars. Aggravated Battery Causing Deadly Harm WebFlorida uses minimum statutory sentences. "Sunday" Let us put our experience to work for you. Fax: 813.276.1600, Sammis Law Firm The next step is to appear at a hearing called the first appearance hearing. Battery on a Law Enforcement Officer under Florida Law. 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. 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. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. As a result, Parikh Law, P.A. Battery, Domestic Battery and Aggravated Battery in Florida Securing professional licenses and/or certifications. All Rights Reserved. There are certain requirements the prosecution must meet in order to attain a legitimate guilty This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. "telephone": "(727) 828-3900" Depa is being held in jail on a $1 million bond. Stat.) Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. The state of Florida has a bond schedule, set for the different categories of offenses. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. Aggravated Battery. 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.. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. bond Contact him today to begin to discuss your case. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. Call Musca Law today at 888-484-5057 to schedule an appointment. The defendant intentionally touched or struck the alleged victim against the alleged victims will, or intentionally caused bodily harm to the alleged victim; and. BOND Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. Suite 150 An aggravated battery is generally classified as a second degree felony. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", David Robert Andrus. 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. { Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. "name": "Goldman Wetzel", "postalCode": "33607", Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. A victim of Aggravated Battery on W Commercial Blvd. In Florida, an aggravated battery is touching a person against their will with the intent to cause them great bodily harm.
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