aggravated battery florida bond

Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). A person convicted of felony battery faces third-degree felony penalties of up to five years in prison and a $5,000 fine. Most people do not have access to the resources that prosecutors have. Domestic battery by strangulation. The charge of Battery on a law enforcement officer is effectively a misdemeanor charge of battery reclassified to a felony due to the status of the victim being a law enforcement officer.. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. 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. 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. 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. Under Florida law, a battery charge can be a misdemeanor or felony offense. The victim identified the wrong defendant, i.e., you have an alibi. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes. 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. Battery Reclassified as a Felony Because of a Prior Conviction. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area. As with assault, a person may be looking at stiffer penalties if the battery involved a firearm or was committed to further a riot. Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. 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. Initial Office Consults are free, and I will make myself available to suit your schedule. The weapon used was not capable of causing death, therefore, it was not considered a deadly weapon. 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. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. If you are charged with a crime or being investigated for a crime, it is important to talk with a criminal defense attorney directly about the particular facts and circumstances of your case. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault. The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. 0:10. When a friend or loved one has been arrested for aggravated battery, you want a bonding company that works quickly and with tact. If the alleged victim is pregnant, the criminal offense will be charged under Florida Statute 784.045. 400 Clematis Street, Suite 206 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. Fax: 813.276.1600, Sammis Law Firm Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. 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. (Fla. Stat. 70-63; s. 732, ch. Suite 150 The state of Florida has two classifications regarding assault a felony and a misdemeanor. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. Firearm discharged causing bodily hard 25 years imprisonment, Acting in self-defense Firearm Discharged During Incident- Minimum term of imprisonment of 20 years. Before you decide, schedule an appointment to meet directly with the attorney. Florida prosecutors take aggravated battery cases very seriously, and so should anyone who is alleged to have committed this offense. | Privacy Policy | Disclaimer Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. WebAggravated battery is usually charged as a second degree felony with a maximum sentence of up to 15 years imprisonment and $10,000 in fines. Looking forward to speaking with you soon. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. "name": "Goldman Wetzel", Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South Schedule your FREE Consultation! "addressLocality": "Tampa", No disability, disfigurement or extreme physical harm inflicted upon the supposed victim; You had no intention to touch or strike the alleged victim; There was not a deadly weapon involved in the purported incident, and; The physical altercation between you and the alleged victim was the result of consent or mutual combat. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. "sameAs": [ Javascript must be enabled for site search. "@type": "LegalService", He is currently being held on a $1 million bond according to The Daily Mail. Defense of others Non-consensual contact of a sexual nature using any object also qualifies for this charge. A deadly weapon is any object that will likely cause death or great bodily harm if used or threatened to be used in the ordinary and usual manner contemplated by its design and construction. Felony battery in Florida involves any of the following circumstances. 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. Riots. "Sunday" "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. }, Home Violent Crimes Battery and Aggravated Battery. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. While committing the battery the person intentionally or knowingly caused great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim, or used a deadly weapon. In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. 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. Ronald S. Chapman, P.A. As a result, Parikh Law, P.A. Committee The Defendant intentionally caused bodily harm to the alleged victim. { Uses a deadly weapon; or. In Florida, the maximum penalties for aggravated battery include: If the offense was committed on a law enforcement officer, the charge can be elevated to a first-degree felony. 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. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. After an arrest for battery or aggravated battery in Tampa, Hillsborough County, contact the experienced criminal defense attorneys at the Sammis Law Firm. Life parole is ], You had no way of knowing the alleged victim was pregnant. 2023 All Rights Reserved. We respect your privacy. Statutes, Video Broadcast Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. Battery offense implies that the defendant made physical contact with the victim. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. 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. 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. 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 Bond agents in Florida are there to help you through the process and post bond on your behalf. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Quick. Your Message Has been Successfully Sent. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. Aggravated Battery on Person 65 or Older. After an arrest in Hillsborough County, FL, the offense is sometimes listed on the jail inquiry page as BATTERY (SECOND OR SUBSEQUENT OFFENSE) (DVST0002)., Felony Battery under Florida Statute 784.041. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. Schedule. Alibi Besides these ramifications, being convicted guilty would be permanent on your record. *. 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). When an offender targets a victim within a protected class, an aggravated assault or battery charge bumps up a felony level. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. Consent or mutual contact Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, Any crime that involves a physical attack is defined as an assault. 74-383; s. 10, ch. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. (888) 727-4652, 2020 Goldman Wetzel, PLLC. Call us to schedule a time to talk with the attorneys in the office or over the phone. 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. Enhanced penalties apply for assault or battery against a vulnerable victim. We provide free initial consultations to discuss the charges against you and possible defenses. 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 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. 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). A felony conviction can seriously impact your life. (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. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Securing professional licenses and/or certifications. 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. In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. Uses a deadly weapon; or 3. The victim was pregnant at the time of the battery; and. The object used during the incident does not meet the states definition of a deadly weapon. 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.. Penalties include up to five years in prison, up to five years of probation, and up to $5,000 in fines. 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. Sexual battery may also be known as rape or sexual assault. If convicted, penalties include up to 60 days in jail, up to six months of probation, and up to $500 in fines. 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. 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. Using a deadly weapon while committing the offense. Because an aggravated battery charge carries life-long consequences, its important to secure your friend or family members release so they can attend to personal affairs.