propecia usa

Winston Law PA
561-670-9375

Assault and Battery

In Florida, assault and battery are classified as two different crimes.  Depending of the severity of the crime, both can be extremely serious carrying a sentence that includes jail time.  Assault and battery charges can be enhanced depending on the victim, the severity of the victim’s injury and whether a weapon was used during the commission of the crime.

Assault. To prove the crime of Assault, the State must prove, beyond a reasonable doubt, the following:

  • the defendant intentionally and unlawfully threatened, either by word or act to do violence to the victim;
  • at the time the defendant appeared to have the ability to carry out the threat; and
  • the act of the defendant created in the mind of the victim a well-founded fear that violence was about to take place.

Assault is a second degree misdemeanor punishable by up to 60 days in the county jail.

Simple Battery.  To prove the crime of Simple Battery, the State must prove, beyond a reasonable doubt, the following:

  • the defendant intentionally touched or struck the victim against his or her will; or
  • that the defendant intentionally caused bodily harm to the victim.

Simple Battery is a first degree misdemeanor punishable by up to one year in the county jail.

Aggravated Assault.  To prove the crime of Aggravated Assault, the State must prove, beyond a reasonable doubt, the following:

  • the defendant intentionally and unlawfully threatened, either by word or act, to do violence to the victim;
  • at the time the defendant appeared to have the ability to carry out the threat;
  • the act of the defendant, created in the mind of the victim a well-founded fear that violence was about to take place; and
  • the assault was made with a deadly weapon or with a fully formed conscious intent to commit a crime upon the victim.

Aggravated Assault is a third degree felony punishable by up to 5 years in prison.

Assault with a Deadly Weapon/Battery with a Deadly Weapon.  To prove the crimes of Assault with a Deadly Weapon/Battery with a Deadly Weapon ,the State must prove, beyond a reasonable doubt, the following:

  • the defendant committed an assault or battery; and
  • during the commission of that crime, the defendant displayed, used, threatened to use, or attempted to use, a weapon, firearm or an electric weapon or device, or the defendant carried a weapon or firearm that was concealed from the ordinary sight of another person.

If a defendant is convicted of assault or battery with a deadly weapon, the maximum penalty for each crime will be enhanced based on the type of weapon used and the injury caused to the victim.  For example, if a firearm is used to commit an assault, there is a 3 year mandatory minimum prison sentence. If a person discharges a firearm during the commission of a battery or assault, there is a 20 year mandatory prison sentence.

Felony Battery.  To prove the crime of Felony Battery, the State must prove, beyond a reasonable doubt, the following:

  • the defendant actually and intentionally touched or struck the victim against his or her will; and
  • caused the victim great bodily harm, permanent disability, or permanent disfigurement.

Felony battery is a third degree felony punishable by up to 5 years in prison.

Battery on a Law Enforcement Officer/Firefighter/Emergency Medical Care Provider.  To prove the crime of Battery on a Law Enforcement Officer/Firefighter/Emergency Medical Care Provider, the State must prove, beyond a reasonable doubt, the following:

  • the defendant intentionally touched or struck the victim against his or her will or caused bodily harm to the victim,
  • that the victim was a law enforcement officer, firefighter, or emergency care provider,
  • that the defendant knew or should have known the victim was a law enforcement officer, firefighter, or emergency care provider, and
  • that the victim was engaged in the lawful performance of his or her duties when the battery was committed.

This crime is an enhancement to simple battery and is a third degree felony punishable by up to 5 years in prison.

Battery on a Person Over 65.  To prove the crime of Battery on a Person Over 65, the State must prove, beyond a reasonable doubt, the following:

  • the defendant intentionally touched or struck the victim against his or her will or caused bodily harm to the victim; and
  • that the victim was 65 or older at the time of the crime.

Battery on a Person Over 65 is an enhancement to the crime of simple battery and is a third degree felony punishable by up to 5 years in prison.

Battery on a Pregnant Woman.  To prove the crime of Battery on a Pregnant Woman, the State must prove, beyond a reasonable doubt, the following:

  • the defendant intentionally touched or stuck the victim against her will or intentionally caused bodily harm to the victim,
  • the victim was pregnant at the time and the defendant know or should have known that the victim was pregnant.

Battery on a Pregnant Woman is an enhancement to simple battery and is a third degree felony punishable by up to 5 years in prison.

Aggravated Battery. To prove the crime of Aggravated Battery, the State must prove, beyond a reasonable doubt, the following:

  • the defendant intentionally touched or struck the victim against his or her will or that the defendant intentionally caused bodily harm to the victim; and
  • in committing the battery, intentionally or knowingly caused permanent disability to the victim or used a weapon.

Aggravated Battery is a second degree felony punishable by up to 15 years in prison.

If you are arrested or charged with an assault or battery crime, it is important to contact a knowledgeable and skilled criminal defense attorney.  At Winston Law, P.A., we will speak to prosecutors before your case if filed and provide information that may result in the charges being dismissed or lesser charges being filed.  If your case has already been filed, Winston Law, P.A. can explore and develop possible defenses such as self-defense, defense of another, provocation, mutual combat, the alleged victim’s motive to fabricate charges, and whether the defendant was misidentified by witnesses or the alleged victim.

If you or a loved one are arrested for or charged with an assault or battery charge, please contact Winston Law, P.A. at (561) 670-9375 or susan@winstonlawpa.com for your free consultation.

winston law