West Palm Beach, FL 33401 A convicted felon may lose the right to vote, hold public office, serve as a juror, and carry or own firearms. Aggravated Battery on Person 65 or Older. 1. }, ] Before you decide, schedule an appointment to meet directly with the attorney. Even though you are an intelligent individual, matters of criminal defense may be far beyond your scope of experience, which does not fare well for you if you are being accused of a charge as serious as aggravated battery. 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. 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. 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. 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. 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. 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 If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the 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. WebFelony battery is a simple battery enhanced by causing injury to the victim. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. 75-298; s. 3, ch. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. USA TODAY is not naming the student because the teen is a minor. 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. For example, pointing a handgun at another person to scare them is considered aggravated assault. 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. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). Battery Reclassified as a Felony Because of a Prior Conviction. Suite 150 "@type": "PostalAddress", Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. Sentence for Aggravated Battery with a Deadly Weapon. 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. Depa is being held in jail on a $1 million bond. In building his firm, Attorney Parikh has hired a staff that shares his passion for helping those who have had criminal accusations brought against them. 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 2023 All Rights Reserved. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. Aggravated Assault, as defined in 784.021, Florida Statutes 3. Under the law, Aggravated Battery occurs where a defendant intentionally touches or strikes another person and, in doing so: To prove the crime of Aggravated Battery at trial, the prosecution must establish the following two elements beyond a reasonable doubt: For purposes of an Aggravated Battery prosecution, a weapon is considered a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. "Monday", The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", Penalties for the offense include Schedule. The next step is to appear at a hearing called the first appearance hearing. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. 784.045(2), Fla. Stat. 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. 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 WebDefinition of Aggravated Battery on a Pregnant Woman Florida Statute 784.045(2)(b) Under FSS 784.045(2)(b), 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. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. The law is constantly changing and evolving. 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. 71-136; s. 20, ch. 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. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. Skip to Navigation | Skip to Main Content | Skip to Site Map. 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. "@type": "LegalService", The victim was pregnant at the time of the battery; and. WebView Entire Chapter. Great bodily harm or permanent harm. All Rights Reserved, 2632 NW. Contact us to talk with a criminal defense attorney to discuss your case today. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. 561-832-4348. A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. 915 1st Ave N "addressRegion": "FL", Life parole is 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. 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. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. 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. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Court documents obtained by Fox News Digital 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 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. When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. Uses a deadly weapon. "Sunday" The felony battery statute, section 784.041, provides as follows: (1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the will of the other; (b) Causes great bodily harm, permanent disability, or permanent disfigurement. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. The different types of battery charges in Florida can include: The penalties and punishments depend on the way the offense was charged and whether the person accused has any prior criminal record. 88-344; s. 7, ch. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. WebA person can commit the crime of aggravated battery in one of three ways in Florida. This offense occurs 200 E Robinson Suite 1140Orlando, FL 32801. The contact you made with the alleged victim was accidental, not intentional. (888) 727-4652, 2020 Goldman Wetzel, PLLC. 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. At Parikh Law, P.A., we remain dedicated to helping people just like you. 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. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. David Robert Andrus. 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. 71-136; s. 20, ch. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. 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. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. Most people do not have access to the resources that prosecutors have. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. 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. For the court to convict you of aggravated battery, the prosecutor must prove you purposefully touched the alleged victim or purposefully caused harm, and that you either caused great bodily harm, used a deadly weapon, or knew/should have known the victim was pregnant. 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). 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. And aggravated battery becomes a first-degree felony with a 30-year maximum prison sentence. This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. Javascript must be enabled for site search. Web2. Because of this, he is able to form strategies for his clients defenses that will be the most effective. You should not rely on this information when making decisions about your case. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. As you review the penalties below, here are some of the terms you'll encounter and their meanings. I understand that submission of an online form does not constitute an attorneyclient relationship. You had no intention to cause bodily harm 784.021 Aggravated assault.. In those instances, Floridas 10-20-Life Law will, upon conviction, mandate the imposition of the following minimum mandatory sentences: Although the facts of every case differ, there are many defenses available to contest a charge of Aggravated Battery in Florida. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. 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. 3. 400 Clematis St. Suite 206,West Palm Beach, FL 33401. Call Musca Law today at 888-484-5057 to schedule an appointment. }, Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. ", 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. With compassion and confidence, they zealously represent their clients. 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. WebAggravated battery is a second-degree felony in the state of Florida. 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 state of Florida has two classifications regarding assault a felony and a misdemeanor. In fact, he began his legal career as a prosecutor for Orange County, Florida. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Minimum sentences may also apply. The state of Florida has a bond schedule, set for the different categories of offenses. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. St. Petersburg, FL 33705 } Aggravated assault increases to a second-degree felony, which carries a 15-year prison sentence (compared to five years). WebAggravated battery occurs when a defendant intentionally touches another person: Causing permanent disability or disfigurement. WebAggravated battery charges result in more severe penalties than battery. If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. 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. Non-consensual contact of a sexual nature using any object also qualifies for this charge. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. 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. Tampa, FL 33602 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. 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. A victim of Aggravated Battery on W Commercial Blvd. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or If the simple assault was categorized as a 2nd-degree misdemeanor, the total bail amount can start at $250. "streetAddress": "915 1st Ave N", The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery.