The information you provide will be used to answer your questions or to schedule an appointment if requested. 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. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. You can help speed up the bonding process by having this information ready: Roundtree Bonding Agency understands the uncertainty that surrounds these situations. Minimum sentences may also apply. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. (941) 405-5193, 3030 N. Rocky Point Dr The aggravated assault can also be classified as domestic violence toward a family member, or another relative. "Monday", 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. (Fla. Stat. "addressCountry": "United States", 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. Skip to Navigation | Skip to Main Content | Skip to Site Map. Initial Office Consults are free, and I will make myself available to suit your schedule. For purposes of this subsection, conviction means a determination of guilt that is the result of a plea or a is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. Consent or mutual contact Defense of others If you need immediate help, call 321-558-2704. 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 are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. The attorney listings on this site are paid attorney advertising. 36, was arrested on a Warrant/ Resist With Violence No Bond charge at 7600 NW 57 Steet on 02/15/2023. "@type": "PostalAddress", Copyright 2000- 2023 State of Florida. Suite 150 Charged with a Serious Offense? Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, 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. 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. 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. This aggravating factor causes the reclassification of the underlying felony as follows: If you have been arrested for battery or aggravated battery, contact an experienced criminal defense attorney in Tampa to discuss your case. If you have been arrested for aggravated battery in Pinellas County, the bond varies between $5,000-$20,000, with the 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. Fax: 813.276.1600, Sammis Law Firm Contacting us does not create an attorney-client relationship. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. 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. The Florida student accused of violently attacking a high school teacher's aide will be charged as an adult and is being held on a $1 million bond. 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. 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. "closes": "23:59" Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. West Palm Beach, FL 33401 If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony 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.. Your Message Has been Successfully Sent. In some states, the information on this website may be considered a lawyer referral service. No intent to cause great bodily harm, disfigurement, etc. 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). Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. Most people do not have access to the resources that prosecutors have. 2013 - 2023 Sammis Law Firm P.A. "address": [ You should not rely on this information when making decisions about your case. { The sheriff's office said the student is charged with felony aggravated battery with bodily harm. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. 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 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. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. As a second-degree felony, the possible penalties for aggravated battery are severe and life changing. Repeat battery offenses. Securing professional licenses and/or certifications. Florida's law specifically provides that: Say a person threatens to throw another up against a wall and looks strong enough to do it. The incident happened at Matanzas High School in Palm Coast, Florida. 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. 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. As a result, Parikh Law, P.A. WebIf you have been arrested or believe you will soon be arrested for the offense of aggravated battery in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 6090940 or contact us online. (b) With an intent to commit a felony. 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. 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). 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. 71-136; s. 20, ch. WebAggravated battery is an offense that they will be particularly adamant about. 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. 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. ], This is not to say that other firms are not exceptional at what they do, but not all firms have the background that Attorney Rahul Y. Parikh has when it comes to aggravated battery cases. Roundtree Bonding Agency assists clients every day of the year and always explains how the bonding process works. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, Try again later. They must factually demonstrate evidence of two (2) specific elements, beyond reasonable doubt. 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. He is currently The assault charges will depend on the situation.