aggravated battery florida bond

Unlike battery, assault does not imply bodily harm or physical contact to the victim. Charged with a Serious Offense? 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. 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. The average total bail amounts for different categories of crimes depend on various factors. 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. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. Contact him today to begin to discuss your case. 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. 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. 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 Florida, Aggravated Battery is the intentional touching of another person with the intent to inflict great bodily harm or to use a deadly weapon. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. He is currently being held on a $1 million bond according to The Daily Mail. You had no way of knowing the alleged victim was pregnant. "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. 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. 2nd 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 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. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. 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. Web(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. { Minimum sentences may also apply. 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 Tampa, FL 33602 A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. 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. The next step is to appear at a hearing called the first appearance hearing. Some of the more common defenses include the following: Given the harsh penalties applicable to an Aggravated Battery charge, an attorney is essential to protect the rights and interests of the accused, and to raise all defenses that may be available in such a case. Battery on a Law Enforcement Officer under Florida Law. A battery that is reclassified as a felony because of a prior conviction is charged as a third-degree felony which is punishable by up to five years in Florida State Prison and a $5,000 fine. 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. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. Aggravated assault is a third-degree felony under Florida Statute 784.011. ], Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Generally speaking, an assault means to threaten violence against another, while battery refers to intentionally touching another or causing bodily harm. 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. WebAggravated battery is an offense that they will be particularly adamant about. Suite 150 It can be in the form of sexual battery where the offender implies sexual harassment toward an individual. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. Finding the right attorney is an important decision. 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. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. Sexual battery may also be known as rape or sexual assault. "https://twitter.com/goldmanwetzel" Our team is commited to your best outcome. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. The state of Florida has a bond schedule, set for the different categories of offenses. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. WebFlorida uses minimum statutory sentences. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. Aggravated battery (Florida Statutes 784.045) occurs when the conditions for simple battery are met and: Intentionally or In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. You should not rely on this information when making decisions about 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. WebAs defined by Florida Statute 794.011, a sexual battery offense consists of any type of sexual penetration without the other partys consent. "addressLocality": "Tampa", 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. 3. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. Below, you'll find explanations of terms used in the laws for assault and battery. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. 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. You had no intention to cause bodily harm There are various types of assault battery, simple assault, and aggravated assault. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. 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. "Family or household members" include current and former spouses, persons related by blood or marriage, persons currently or formerly residing together as if family, or persons who share a child. However, the quality of the service you receive can vary drastically. 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. today! "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", 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. }, If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. 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. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to Under Florida Statutes 784.045, the crime of Aggravated Battery on a Pregnant Victim requires proof of a battery plus proof beyond a reasonable doubt that: Read more about the punishments and penalties for battery on a pregnant female. WebSimple assault is a second-degree misdemeanor. (941) 405-5193, 3030 N. Rocky Point Dr For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. The defenses for these types of offenses will vary depending on the circumstances of each case. Start here to find criminal defense lawyers near you. "address": [ The victim was at the time over 65 years of age. Contact us via email form or call us at 727-828-3900 to schedule a free, no-obligation consultation. 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. "@context": "http://www.schema.org", You were in fear of your life 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). WebFelony battery is a simple battery enhanced by causing injury to the victim. Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. a felony of the first degree is reclassified to a life felony. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. 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. 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. 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. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. David Robert Andrus. WebView Entire Chapter. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. "@type": "OpeningHoursSpecification", (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. } Defense of others The penalties Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. Easy. 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. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. 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 Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South Tampa, FL 33607 Please leave this field empty. 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. And for more information on simple assault and battery, see Simple Assault and Battery in Florida. Assault is defined as the intentional application of harm to an individual, whether directly or indirectly. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. Florida prosecutors have had years of education and experience, which can be almost impossible to go up against if you do not have the same. For most misdemeanors, the officer cannot legally make a warrantless arrest unless the crime was actually committed in the officers presence. 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. Uses a deadly weapon; or. A second or subsequent battery offense (including simple battery) results in felony battery charges. Committing battery in furtherance of a riot also constitutes felony battery. 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. (Fla. Stat. "telephone": "(813) 391-8051" 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. There is a smorgasbord of criminal defense lawyers in Central Florida, that is a fact. A Florida teacher's aide was assaulted by a student after she took away his Nintendo Switch. For sexual battery on a person age 18 or older, the mandatory minimum sentence is 34.5 months. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. 0:51. For example, pointing a handgun at another person to scare them is considered aggravated assault. "postalCode": "33705", A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. 2016 - 2023 Law Office of Glenn M. Swiatek. *. We respect your privacy. Aggravated Assault, as defined in 784.021, Florida Statutes 3. "addressLocality": "Bradenton", 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. This is when a judge sets the bond amount if any based on several factors, including any previous criminal history. 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. Now, you may read that and think, Why would I hire someone who worked for the State, but it is important to understand the advantages of having an attorney who has had previous experience on the other side of the negotiating table. Home Assault and Battery Aggravated Battery, Tell us about your case. Confidential or time-sensitive information should not be sent through this website. 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. Send us a Message to Book Your Free, No-Obligation Consultation Now. We would be honored to welcome you to our family and be able to see you through this dire time in your life. Felony battery (F.S. Protected victims. In certain circumstances, a felony conviction also can result in the loss of a professional license. The journals or printed bills of the respective chambers should be consulted for official purposes. A victim of Aggravated Battery on W Commercial Blvd. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. 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. 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. Semi-automatic weapon or machine gun possessed 15 years imprisonment 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. Our attorneys handle cases throughout Northeast and Central Florida. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. ] 2021-6. 0:10. 70-63; s. 732, ch. The sheriff's office said the student is charged with felony aggravated battery with bodily harm. 400 Clematis St. Suite 206, West Palm Beach, FL 33401, Palm Beach County Domestic Battery Attorney, Palm Beach County Seal and Expunge Attorney, Computer Fraud Obtaining Financial Information, Fraud in Connection with Counterfeit Credit Cards, Making a False Statement to a Federal Agency, Possessing a Controlled Substance with the Intent to Distribute, Smuggling Merchandise into the United States, Questions or Schedule An Appointment? Roundtree Bonding Agency writes bonds throughout the State of Florida every day of the year. That person committed an assault. The aggravated assault can also be classified as domestic violence toward a family member, or another relative. LocationJacksonvilleOrlando WebTrying to defend against an assault or battery charge without a reputable and highly experienced Florida assault and battery defense lawyer be a dangerous strategy. "Friday", Related Resource: Difference Between Assault and Battery in Florida. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. The contact you made with the alleged victim was accidental, not intentional. We hope that if you or somebody you love is being charged with aggravated battery that you will not delay in seeking counsel. 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. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery.