David Robert Andrus, 41, of Summerfield, was at the wheel of the silver Chevy pickup shortly before 9 p.m. Sunday on State Road 25 near Eagles Nest Road when a Fruitland Park police officer noticed the 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. A felony conviction can seriously impact your life. Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. If you or a loved one are facing criminal charges, contact our aggravated battery attorneys to know your legal options. a felony of the first degree is reclassified to a life felony. Should you choose to represent yourself against aggravated battery charges, you are very likely to find yourself far in over your head. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction(s). Minimum sentences may also apply. 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? Skip to Navigation | Skip to Main Content | Skip to Site Map. The state of Florida has a bond schedule, set for the different categories of offenses. 88-344; s. 7, ch. There are certain requirements the prosecution must meet in order to attain a legitimate guilty conviction. We respect your privacy. 775.082 to .083; 784.021, 784.045, 784.07 to .083 (2021).). Aggravated Battery by Motor vehicle and Auto Theft were reported on 02/19/2023. 74-383; s. 10, ch. Florida law also protects Law Enforcement Officers that have been victims of assault under the BATT LEO. Battery offense implies that the defendant made physical contact with the victim. Contacting us does not create an attorney-client relationship. 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. 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. Firearm possessed during incident Minimum term of 10 years imprisonment Goldman Wetzel is a criminal law firm that represents individuals facing charges for violent crimes in St. Petersburg, Bradenton, Pinellas County, Tampa, Sarasota, Clearwater and surrounding areas. "sameAs": [ 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. 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.. A serious crime, aggravated battery differs from simple battery due to the element of prior intention and/or preconceived knowledge. If a person commits this crime with a Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, 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. (888) 727-4652, 2020 Goldman Wetzel, PLLC. 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. WebFlorida uses minimum statutory sentences. The penalties Instead, the officer has to obtain a warrant, usually after requesting a direct file investigation by the State Attorneys Office. Aggravated Battery, as defined in 784.045, Florida Statutes 4. The average bond for assault in Florida can range from small amounts for a misdemeanor to very large amounts for serious felony charges. }, We Defend. Florida law (like many other states) provides increased penalties and protections for certain vulnerable victims and those working as employees in at-risk fields. }, The simple assault doesnt involve physical contact and is usually delivered in the form of verbal or written statements. 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. Get Directions. Felony battery under Section 784.041, is a lesser included offense of aggravated battery under Florida Statute 784.041. Visit us at https://www.justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Committing battery in furtherance of a riot also constitutes felony battery. 561-832-4348. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. "dayOfWeek": [ The state considers battery a first-degree misdemeanor, but an aggravated battery is classified as second-degree felony. Home Assault and Battery Aggravated Battery, Tell us about your case. The incident happened at Matanzas High School in Palm Coast, Florida. 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 A person who violates subsection (1) commits a felony of the second degree, punishable as provided in s. For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. s. 1, ch. "name": "Goldman Wetzel", Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Try again later. 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. Battery on a Law Enforcement Officer under Florida Law. "Saturday", The law is constantly changing and evolving. The student is being charged as an adult and is being held on $1 million bond. 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. Most importantly, if a prosecutor cannot prove these elements beyond a reasonable doubt, there may be no need to present a defense. 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. Felony battery is a third-degree felony and punishable by up to five years in prison and a $5,000 fine. A victim of Aggravated Battery on W Commercial Blvd. This article discusses aggravated assault and battery and felony battery in Florida. St. Petersburg, FL 33705 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. You were in fear of your life Battery and assault are terms often used interchangeably and associated with intentional and non-consensual physical contact with an individual. 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. David Robert Andrus. 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. Any crime that involves a physical attack is defined as an assault. { Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. The name of the jail where the friend or family member is being held in custody. WebView Entire Chapter. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. 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. (Fla. Stat. 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. 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. This article was last updated on Friday, January 14, 2022. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. 70-63; s. 732, ch. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. "addressCountry": "United States", Lack of intent They are then responsible for appearing at all court dates until the case is resolved. 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 element for causing harm or using a weapon. "https://www.goldmanwetzel.com", Contact him today to begin to discuss your case. First and foremost, Attorney Parikh was able to gain invaluable knowledge during his time at the Office of the State Attorney as to how exactly prosecutors approach aggravated battery cases. If you are facing criminal charges in Florida, Ronald Chapman can help. Striking, pushing, punching, kicking, or throwing the person up against the wall would also constitute a battery. is recognized by clients & accreditations alike as one of the premier criminal defense firms in all of Florida. People charged with aggravated battery face up to 30 years behind bars. In fact, Section 901.15(9)(a) provides that anofficer can make an arrest for a misdemeanor simple battery charge if the officer gathers probable cause that the crime occurred outside of the officers presence. 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. "closes": "23:59" "addressLocality": "St. Petersburg", 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). Jim Donnelly has had a 40-year career as a photographer, videographer, and editor for South WebUnder Florida law, a battery involves an actual touch or strike while an assault only involves the threat of this type of contact. Our team is commited to your best outcome. The penalties for Aggravated Battery increase substantially where the offense at issue involves the possession or discharge of a firearm. 784.041) is a lesser offense than aggravated battery, but a more serious offense than simple battery. This kind of fervor is not seen every day. Felony battery (F.S. Firearm Possessed During Incident- Minimum term of imprisonment of 10 years. Using a deadly weapon (a weapon used 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. These enhanced penalties are commonly known as mandatory minimum sentences and range from a minimum 10 years to 25 years in prison. Bradenton, FL 34205 }, touched or struck a person, while using a deadly weapon, the maximum penalties for aggravated battery, Difference Between Assault and Battery in Florida, Self-Defense & Stand Your Ground Laws in Florida, Felon in Possession of Firearm in Florida: Charges & Penalties, Withhold Adjudication in Florida: Definition & Laws, FL Presentence Investigation Report: Definitions & Process, Stalking Laws in Florida: Definitions, Charges & Sentences. Charged with a Serious Offense? 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. 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. 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. Sitemap. Learn more about the attorney's qualifications and experience in fighting criminal cases. The bond amount depends on the type of assault, severity, nature, status, and criminal background of the offender. Strangulation consists of putting pressure on someone's throat or neck or blocking the nose or mouth. 200 E Robinson Suite 1140Orlando, FL 32801. Home Violent Crimes Battery and Aggravated Battery. Attorney Parikh has not always been in private practice. A mandatory minimum sentence WebA person can commit the crime of aggravated battery in one of three ways in Florida. 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. 775.082 to .083, 784.03, 784.041, 784.07 to .083 (2021).). 71-136; s. 20, ch. In those instances, Floridas 10-20-Life Law will, upon conviction, mandate the imposition of the following minimum mandatory sentences: Although the facts of every case differ, there are many defenses available to contest a charge of Aggravated Battery in Florida. A permanent limp, chronic back pain that limits activities, and permanent impairment of someone's ability to speak or write are examples. The defendant knew or should have known that the victim was pregnant at the time the battery was committed. "@type": "PostalAddress", In order to help you understand these charges, below there is more information regarding the definition of aggravated battery, the penalties for these charges and some possible defenses. Contact him today to begin to discuss your case. "Wednesday", Schedule. The default bonds for misdemeanors are: The total bail amount set depends on the specific bond requirements. Life parole is 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. In Florida, an aggravated battery with a deadly weapon offense implies a simple battery and the use of a deadly weapon. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. 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. Riots. A man free on bond in an aggravated battery case was arrested while driving a pickup truck without a tailgate. Felony battery in Florida involves any of the following circumstances. Copyrights 2022. The object used during the incident does not meet the states definition of a deadly weapon. Below, you'll find explanations of terms used in the laws for assault and battery. 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 Defense of others 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. Aggravated battery must be proven beyond a reasonable doubt that the defendant intentionally struck the victim and intentionally caused bodily harm or permanent disability while committing battery. There was no specific intent to cause the level of injury that incurred. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", The victim was pregnant at the time of the battery; and. Penalties for the offense include According to FSS 784.045 , there are three ways that an attack can be classified as an aggravated battery by the police: The defendant intentionally and knowingly caused great bodily harm, permanent disability, or permanent disfigurement. 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. Drop us a line today and schedule a confidential consultation today. 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. Copyright 2020 Roundtree Bonding. Aggravated Battery on Person 65 or Older. Following their arrest for aggravated battery, your family member or friend is booked into law enforcement custody, usually at a local jail. Each aggravated battery case is different. You deserve to have a prosperous future, and we believe that fighting for that is our ultimate goal. Florida Criminal Lawyer. Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison. He is currently If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. }, Battery charges can escalate to aggravated battery on a pregnant female and the charges will be much more serious. 70-63; s. 732, ch. (b) With an intent to commit a felony. b. intentionally caused bodily harm to the victim. 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. 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. Looking forward to speaking with you soon. 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. The felony battery statute, section 784.041, provides as follows: (1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the will of the other; (b) Causes great bodily harm, permanent disability, or permanent disfigurement. Statutes, Video Broadcast 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. surrounding areas nearby on Florida's Panhandle. In Florida, a simple assault is defined as when one person threatens another one, which might lead to aggravated assault later on. The maximum sentence is life in prison with $10,00 in fines. Felony convictions are not simply a mark on your permanent criminal record, but they can also be a detriment to your life in a myriad of other ways outside of the Florida criminal justice system. The assault charges will depend on the situation.