Though often grouped with assault, battery is considered a distinct violent crime in the State of Florida.
While assault refers to intentionally threatening harm to another person verbally or physically, battery occurs when the person actually touches or strikes another person against their will. There are several degrees of battery, ranging from simple battery to the more serious charge of aggravated battery.
Simple Battery
Includes the use of intentional force that results in injury, or an offensive touch. One example of simple battery might be a single punch that causes a victim mild bodily injury. Battery differs from assault as battery is the completion of an act, which began as an assault but concluded with an individual deliberately committing the unlawful act of violence against another, or a group of others, by directly striking them with a part of their body such as a hand, foot, or an inanimate object. Spitting upon another is enough to constitute battery.
When charged with battery you should seek and retain qualified counsel as prosecutors often seek jail time for battery offenses, taking into consideration the accused’s prior criminal record as well as injuries sustained by the victim, along with other factors. The victim’s input and testimony to the court during a trial may also influence a judge’s decision as to what sentence should be imposed.
Penalties
Battery is classified as a first-degree misdemeanor and is punishable by imprisonment in the county jail up to twelve months and a fine up to $1,000.
Felony Battery
Florida law permits a prosecutor to charge a person with the third degree felony of Felony Battery, even in the absence of great bodily harm, if the accused was previously convicted for battery, aggravated battery, or felony battery and commits any second or subsequent battery.
Penalties
Those convicted of Felony battery face a penalty of up to five years imprisonment and a $5,000 fine.
Aggravated Battery
The felony offense of aggravated battery occurs when the assailant intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement. Aggravated battery also occurs when a deadly weapon is used during the course of the alleged offense. A battery also becomes an aggravated battery if the person who was the victim of the battery was pregnant at the time and the offender knew or should have known that the victim was pregnant.
Penalties
Aggravated battery is a serious offense since Florida law classifies aggravated battery as a second-degree felony punishable by up to fifteen years imprisonment and up to a $10,000 fine. Sentences for aggravated battery often include imprisonment followed by probation for a total possible sentence of fifteen years. Supervised release is a possibility based upon the circumstances and upon the discretion of the judge.
Battery of any type is a serious offense.
It’s crucial if you are accused of battery to secure the services of an experienced attorney such as Joshua W. Deckard, who has a consistent track record of providing clients with an aggressive defense and a track record of achieving great results.
A battery conviction can result in the loss of your freedom, your job and your civil rights. That’s why you should engage the services of a thorough and aggressive attorney to defend you. Our firm prides its self upon being diligent when investigating the facts and evidence of a case. We leave no stone unturned. We interview witnesses. We look for inconsistencies and discrepancies in the State’s case to uncover causes of reasonable doubt.
Our goal is always to fight to have your charges dropped or reduced. In the absence of a defense, we are often able to negotiate for probation rather than incarceration. Mr. Deckard will remain by your side throughout the entire case and he will provide experienced counsel and legal representation.
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