400 Clematis St. Suite 206,West Palm Beach, FL 33401. 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. "postalCode": "33705", 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. Home Assault and Battery Aggravated Battery, Tell us about your case. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Deadly weapons are objects or substances that are inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. Under Florida law, Aggravated Battery is generally classified as a second degree felony. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. *. a felony of the first degree is reclassified to a life felony. The total bail amount for a felony is higher than the total bail amount for a misdemeanor. 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. In certain circumstances, a felony conviction also can result in the loss of a professional license. West Palm Beach, FL 33401 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. 0:51. WebFelony battery is a simple battery enhanced by causing injury to the victim. Firearm Discharged and Death or Great Bodily Harm is Caused- Minimum term of imprisonment of 25 years. If you need immediate help, call 321-558-2704. Click to Call (561) 832-4348, Chapman Criminal Defense Firm in West Palm Beach, FL. The victim was pregnant at the time of the battery; and. Riots. 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. Skip to Navigation | Skip to Main Content | Skip to Site Map. 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. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. He is currently being held on a $1 million bond according to The Daily Mail. 88-344; s. 7, ch. 3. Committee 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. For instance, aggravated battery of a police officer carries a minimum five-year prison sentence. Below, you'll find explanations of terms used in the laws for assault and battery. If you face criminal charges, talk to a criminal defense attorney who knows the local court system. Allegations of child abuse are investigated by the Florida Department of Children and Families and can be classified as aggravated assault. First, they must show that the accused individual deliberately made physical contact (like a touch or a strike) with the supposed victim without consent, or that the accused purposely caused the alleged victim serious bodily harm. A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. The penalties may be enhanced under Florida Statute 775.087 if a firearm was in your possession or was discharged during the battery. Learn more about the attorney's qualifications and experience in fighting criminal cases. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. "postalCode": "34205", 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. 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. "telephone": "(727) 828-3900" { Web2. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations. Felony battery (F.S. 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.. What Is the Bond for Aggravated Battery? According to the Florida Statute 784.045, an aggravated battery is the offense of: In Nguyen v. the State of Florida, the court stated that an aggravated battery causing great bodily harm means that the harm inflicted has to be more severe than slight, trivial, or minor harm. This website is maintained by Jason D. Sammis and Leslie M. Sammis. The victim was at the time over 65 years of age. 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. Great bodily harm or permanent harm. With compassion and confidence, they zealously represent their clients. "streetAddress": "915 1st Ave N", "@type": "PostalAddress", Copyrights 2022. At Parikh Law, P.A., we remain dedicated to helping people just like you. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. 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? A mandatory minimum sentence "addressCountry": "United States", In fact, a deadly weapon can be any object that can cause great bodily harm or even death, if used in that way. "streetAddress": "3030 N Rocky Point Dr, Suite 150", 200 E Robinson Suite 1140Orlando, FL 32801. 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. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. b. intentionally caused bodily harm to the victim. The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. 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. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. 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. "addressCountry": "United States", 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. The state attorney's office is prosecuting the student as an adult on a charge of aggravated battery. 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 You did not know your action would result in bodily harm or disability You should not rely on this information when making decisions about your case. As you review the penalties below, here are some of the terms you'll encounter and their meanings. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. They are then responsible for appearing at all court dates until the case is resolved. Contact us for a free consultation. A person who commits simple battery against a victim in a protected class (see examples above) faces felony battery charges. 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. 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. 2022-11-Crim (Amendment 1) UNIFORM BOND SCHEDULE (a) Pursuant to Article V, 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. Quick. 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. 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. The state of Florida has two classifications regarding assault a felony and a misdemeanor. Initial Office Consults are free, and I will make myself available to suit your schedule. 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. Nothing on this site should be taken as legal advice for any individual case or situation. It is important to notice that a deadly weapon is not necessarily restricted to a firearm. A person may be charged with aggravated battery if they used a deadly weapon, such as a firearm or knife, during the crime. "streetAddress": "1023 Manatee Ave W, Suite 309", Office: 813.250.0500 A victim of Aggravated Battery on W Commercial Blvd. 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. With competent, qualified counsel, your chances of getting aggravated battery charges reduced or dropped altogether skyrockets. USA TODAY is not naming the student because the teen is a minor. 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. This provision does not apply if the use of a weapon or firearm is an essential element of the underlying charge. Home Violent Crimes Battery and Aggravated Battery. These crimes typically involve an assault or battery with a weapon or resulting in great bodily harm. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 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. 70-63; s. 732, ch. Sitemap. 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. Non-consensual contact of a sexual nature using any object also qualifies for this charge. Aggravated assault happens when a simple assault transforms into a more severe act of violence. 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. Each aggravated battery case is different. 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. 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. }, All Rights Reserved, 2632 NW. 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. 75-298; s. 3, ch. To help you determine the nonrefundable fee youll need to pay a bail bondsman, use our bail bond calculator. People charged with aggravated battery face up to 30 years behind bars. Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater. 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. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, Uses a deadly weapon; or 3. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or "addressLocality": "Bradenton", Felony battery in Florida involves any of the following circumstances. We Defend. today! If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. At Parikh Law, P.A., we put the best interest of our clients and their loved ones above everything else that we do. The 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. The contact you made with the alleged victim was accidental, not intentional. 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. Battery on a Law Enforcement Officer under Florida Law. The result of this contact can be a serious injury, permanent disability, and/or permanent disfigurement. Having the early help of a criminal attorney can help you prepare a strong legal defense. WebAggravated battery is a second-degree felony in the state of Florida. Simple Battery a first-degree misdemeanor; Battery on a Law Enforcement Officer (LEO); Felony Battery a third-degree felony under Florida Statute Section 784.041; Aggravated Battery with a Deadly Weapon Florida Statute Section 784.045(1)(a)(1); The Defendant intentionally struck or touched the alleged victim against the will of the alleged victim; and.