Assault & Battery

Assault

What Does It Mean To Be Charged
With Assault Or Battery?

 

Under Florida Statue 784.011 the offense of assault occurs when a person makes an intentional unlawful threat to do a violent act to another, and creates a genuine and reasonable fear that the threatened act of violence will likely occur. The crime of assault is a second degree misdemeanor, which is punishable by up to 60 days in jail, up to 6 months of probation, or a fine of up to $500.

A crime of assault can become a Felony of the Third Degree, such as an Aggravated Assault, when a person uses a deadly weapon along with the unlawful threat. If convicted of aggravated assault, one faces a maximum sentence of up to five (5) years in prison, up to five (5) years of probation, or a fine of up to $5,000.

BATTERY

Florida Statute 784.03 states that the offense of battery occurs when a person:

(1) Actually and intentionally touches or strikes another person against the will of the other; or

(2) Intentionally causes bodily harm to another person.

Examples of actions that may lead to a battery charge include things like pushing, shoving, or even grabbing a person by the arm.

A simple battery is punishable as a misdemeanor of the first degree. If convicted of the crime of battery, a person could be sentenced to any combination of either: up to 1 year in jail, up to 1 year of probation, or up to $1,000 in fines.

If a battery charge involves an instance where someone suffers great bodily harm or permanent injury then it can be prosecuted as a Felony Battery, a Felony of the Third Degree which is punishable by up to five (5) years in prison, up to five (5) years of probation, and up to a fine of $5,000. In other instances, committing a battery with a dangerous weapon, such as an Aggravated Battery, could lead to a person being charged with a Felony of the Second Degree. If convicted of this more serious felony charge, a person faces up to fifteen (15) years in prison, up to fifteen (15) years of probation, and a fine of up to $10,000.

Hiring a criminal defense attorney who is knowledgeable in this area of the law is key to ensure that you are aware of all your options and your rights are protected.

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