Facing Aggravated Battery Charges in Florida
A Delray Beach man was arrested on Thursday after he was accused of beating a woman with his cane last month. Anthony Castrovinci, 60, is being held at the Palm Beach County Jail in lieu of $20,000 bail. He is facing aggravated battery charges.
Castrovinci was arrested Thursday by Delray Beach Police, but the alleged incident took place between July 3 and 4. The morning of July 4, officers responded to Delray Medical Center to reports of a drunk, 49-year-old woman who was brought to the hospital with two black eyes, a bruised elbow and a few cuts on her legs. The woman, whose name was withheld in the arrest report, was too drunk to speak with officers at time, but she did report she was hit several times with either a metal bat or a cane.
The woman told police that when she declined Castrovinci’s advances, he grabbed his cane and started hitting her with it. She said she lost consciousness, as he beat her in the face, head, back and legs. When she woke, the woman said she ran out and called a friend for help.
Battery is defined by the state of Florida as:
The offense of battery occurs when a person:
1)(a) Actually and intentionally touches or strikes another person against the will of the other; or
1. Intentionally causes bodily harm to another person.
2. Except as provided in subsection (2), a person who commits battery commits a (b) misdemeanor of the first degree…
A person who has one prior conviction for battery, aggravated (2) battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
Aggravated Battery is defined by the state of Florida as:
A person commits aggravated battery who, in committing battery: (1)(a)
Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 1.
Uses a deadly weapon.
2. A person commits aggravated battery if the person who was the (b) 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.
Whoever commits aggravated battery shall be guilty of a (2) felony of the second degree…
Understanding the Difference
If you are convicted of Misdemeanor Battery, a judge can impose any combination of the following penalties:
- Up to 1 year in jail
- Up to 1 year of probation
- Up to $1,000 in fines
A conviction of Felony Battery is punishable by any combination of:
- Up to 5 years in prison
- Up to 5 years of probation
- Up to $5,000 in fines
Should your charge of Aggravated Battery result in a conviction, you will receive a minimum sentence of 21 months in prison and any combination the judge sees fit from:
- Up to 15 years in prison
- Up to 15 years of probation
- Up to $10,000 in fines
West Palm Beach Aggravated Battery Defense Attorney
In Florida criminal law, a motive to hurt another individual is a major factor in the prosecution’s case. If you had no motive to seriously injure another person, the charges can be reduced or dropped. Attorney Andrew Stine has handled many aggravated battery and assault cases. He can often identify the true motive behind the charge, including lying to win a child custody battle or property dispute.
If you were charged with aggravated battery, it is important to contact a lawyer that understands the seriousness of the charge and knows how to defend against it. At Andrew D. Stine, P.A., we have extensive experience representing people charged with aggravated assault and battery. Our defense team reviews the evidence and conducts private investigations in order to find holes in the prosecution’s case.
Reducing the Consequences of Aggravated Battery
Aggravated battery charges result in serious penalties, including a mandatory minimum prison sentence of three years for pointing a gun at someone. If the gun is fired, the minimum sentence is 20 years. If the victim dies, our clients face life in prison.
We encourage our clients to immediately complete community service hours, enter a gun safety course and write a letter of apology to the victim. By being proactive, show the prosecution your true character and work with them to reduce some of the consequences.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at 561.880.4300. Se habla español.