Assault and battery are two separate crimes in Florida. You can be charged with either or both. An assault is when violence is threatened and puts the victim in fear. The battery is touching someone against their will or causing bodily harm. To be convicted of battery, you do not need to hurt someone. If you do hurt someone, you would be charged with battery. If the person did not see you or was not in fear, you will not be charged with assault.
Assault and battery are misdemeanors unless there are aggravators. Aggravated assault with a deadly weapon becomes a 3rd-degree felony punishable by a maximum of five years in prison. An aggravated assault with a firearm requires a three-year minimum prison sentence.
If you threaten violence to someone, can carry out the threat, and create a fear that the violence will occur, it is considered assault in Florida. In most cases, the word of the victim is the only evidence. If there are multiple witnesses or video footage of the assault, the evidence will be more substantial.
A second-degree assault charge may include probation, anger management classes, fines, court costs, and no contact with the victim. Maximum penalties may include 60 days in jail and a $500 fine.
Aggravated assault is a simple assault with the use of a firearm. This crime usually involves a gun in evidence in addition to the testimony of the witness. Aggravated assault with a firearm is a 3rd-degree felony, and the charge may include a three-year mandatory prison sentence, two years probation, anger management classes, community service, no contact with the victim, fines, and court costs. Maximum penalties may include five years in prison and a $5,000 fine.
Aggravated assault is a simple assault with the use of a firearm. This crime usually involves a gun in evidence in addition to the testimony of the witness. Aggravated assault with a firearm is a 3rd-degree felony and the charge may include a three-year mandatory prison sentence, two years probation, anger management classes, community service, no contact with the victim, fines, and court costs. Maximum penalties may include five years in prison, and/or a $5,000 fine.
The battery in Florida is when you intentionally touch or strike someone against their will, with or without injury, or if you intentionally cause harm to someone. It is considered a 1st-degree misdemeanor, and the charge may include 12 months of county probation, community service, anger management classes, batterer’s intervention program, and no contact with the victim. Maximum penalties may include one year in county jail or probation, $1,000 fine, $151 battery surcharge if convicted.
Felony battery is a simple battery enhanced by causing injury to the victim. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery.
Aggravated battery is a more severe version of a simple battery and is a 3rd-degree felony. You must intend to cause bodily harm to the victim, and you must use a deadly weapon. A deadly weapon can be anything used to threaten someone—for example, a car, gun, knife, or baseball bat. The weapon is usually included in the evidence. The charge may include jail time, felony probation, anger management classes, payment of restitution to the victim, no contact, fines, and court costs. Maximum penalties may include five years in state prison or probation, a $5,000 fine, $151 battery surcharge if convicted.
Felony battery is a more severe version of a simple battery. It is enhanced only by victim injury. If you cause great bodily harm, permanent disability, or permanent disfigurement to the other person, you may be charged with felony battery. It is a 3rd-degree felony, including some jail time (depending on the victim and/or the injuries), felony probation, anger management classes, payment of restitution to the victim, no contact, fines, and court costs. Maximum penalties may include five years in state prison or probation, a $5,000 fine, $151 battery surcharge if convicted.
When a battery is committed in Florida onto a family member, a person you are dating, or someone you were once dating, it is considered domestic violence battery. The Office of the State Attorney takes these cases seriously. While nobody should be the victim of domestic violence, it is sad that there are people out there who will lie or make up a story to get another arrested. If this occurs, you will want the best domestic violence attorney to represent you. Domestic battery is a 1st-degree misdemeanor which may include 12 months of county probation, community service, anger management class, batterer’s intervention program, no contact with the victim. Maximum Penalties may include a year of county jail or probation, a $1,000 fine, $151 battery surcharge if convicted.
If you have been accused of or charged with assault or battery, contact attorney Ronald Chapman to discuss your case and see how I might be able to help you. Since the penalties can be harsh when convicted on an assault or battery charge, it is essential to have an experienced Criminal Defense Attorney by your side in court if you are accused of assault or battery.
Defense Attorney West Palm Beach
Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help. Schedule your FREE Consultation! Call (561) 832-4348 or visit his website.
Visit us at https://justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.
Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
561-832-4348
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