"@type": "OpeningHoursSpecification", ; The instrument or object used during the incident is not a deadly weapon within the meaning of the statute. The incident happened at Matanzas High School in Palm Coast, Florida. 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. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. 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. We respect your privacy. If a bond is required, a bonding agent, such as Roundtree Bonding Agency, can help. "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. West Palm Beach, FL 33401 { Prosecutors are tasked with providing evidence of your guilt, and have the means to do so at their fingertips. Aggravated Battery, as defined in 784.045, Florida Statutes 4. Your Message Has been Successfully Sent. The law is constantly changing and evolving. To learn more about the bail bondsprocess, contact us today. Initial Office Consults are free, and I will make myself available to suit your schedule.
Florida Aggravated Battery "Saturday", A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine.
Florida 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. Finding the right attorney is an important decision. 2013 - 2023 Sammis Law Firm P.A.
Florida Aggravated Battery This is yet another reason that your best move would be to hire a criminal defense attorney to zealously represent you. 784.045(2), Fla. Stat. Thus, the penalties can include up to 15 years in prison or 15 years of probation, and up to $10,000.00 in fines. 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. The defenses for these types of offenses will vary depending on the circumstances of each case. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. 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. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. 43rd St., #1114 Gainesville, FL 32606, The friend or family members full name, date-of-birth, and booking number; and. If the person then grabs the other's arm, whether or not injury results, that contact is a battery. 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. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. 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. 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. The Defendant intentionally caused bodily harm to the alleged victim. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. "postalCode": "33607", All Rights Reserved, 2632 NW. These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. WebFlorida law defines an act of aggravated battery as: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon; or an act of battery committed against a person who is pregnant at the time of the offense and where the offender should have known the victim was pregnant. "addressRegion": "FL", (Fla. Stat. Each aggravated battery case is different. The attorney listings on this site are paid attorney advertising. Simple battery, on the other hand, is a second-degree misdemeanor, punishable by up to
Florida ",
Aggravated Battery That person committed an assault. "opens": "00:00",
Aggravated Battery For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. 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. Aggravated battery is an offense that they will be particularly adamant about. Unlike battery, assault does not imply bodily harm or physical contact to the victim. b. intentionally caused bodily harm to the victim. 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. 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. 3. 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.
BOND Related Resource: Difference Between Assault and Battery in Florida. Great bodily harm means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. 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. Get a Free Consultation Call Us - Available 24/7.
bond A 17-year-old high school student is facing felony assault charges after video showed him attacking a school employee who took away his Nintendo Switch
Florida What Is the Bond for Aggravated Battery? { We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area. (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. WebFlorida Statutes section 784.045 provides that someone commits aggravated battery when they commit battery by actually and intentionally striking or touching another person against the person's will, and also they knowingly or intentionally cause great bodily harm, permanent disfigurement, or permanent disability. 71-136; s. 20, ch. That is fines of up to 100 thousand, up to 20 years in prison, and restitution to afflicted parties plus additional fines if applicable. Web2. (1) An aggravated assault is an assault: (a) With a deadly weapon without intent to kill; or. 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.. Copyright 2020 Roundtree Bonding. Committing battery in furtherance of a riot also constitutes felony battery. Some tentative defenses to aggravated battery charges include: The consequences that could stem from this second-degree felony can impact your present, as well as your future.
Florida Aggravated Assault and Battery Laws 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. USA TODAY is not naming the student because the teen is a minor. "@type": "PostalAddress", Defense of others If a bond amount isnt set, the judge may release your friend or family member on their own recognizance. Firearm Discharged During Incident- Minimum term of imprisonment of 20 years.
Florida Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. WebFelony battery is a simple battery enhanced by causing injury to the victim. This offense occurs 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.
What Constitutes Sexual Battery in Florida In Florida, an aggravated assault or battery conviction can mean stiff felony penalties, including minimum prison sentences. Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. Furthermore, its recommended that you hire a criminal defense attorney to help prepare for the legal battle in court. The defendant knew or should have known that the victim was pregnant at the time the battery was committed. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields.
Aggravated Battery "https://twitter.com/goldmanwetzel" Permanent disfigurement refers to an alteration of the physical body, such as a visible scar, loss of a limb, or a broken bone that alters one's physical appearance. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. Additionally, this could include a death. 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. 2021-6. The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim. Intentionally or knowingly touching another person to cause them great bodily harm (i.e., broken bones, substantial bruising, injuries that require surgery, etc), permanent disability, or disfigurement. 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. Home Violent Crimes Battery and Aggravated Battery. 74-383; s. 10, ch. 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. This article discusses aggravated assault and battery and felony battery in Florida.