Many states lump the terms "assault" and "battery" under the same charge. In Florida, battery occurs when a person either: Intentionally touches, strikes, or hits another person without that person's consent, or Intentionally inflicts bodily harm on another person. In the state of Florida, the charges of assault and battery represent two different situations, even though they are often used together. Rape and every other type of sexual assault are combined under Florida Statute 794.011 except for Florida Statute 794.05, which provides clarification of sexual battery related to minors. 784.03 Battery; felony battery.—. Assault and Battery Charges in Florida. This is considered a felony of the second degree which carries a potential 15 years in prison and $10,000 in fines. This crime is typically a misdemeanor of the first degree, which carries up to one year in jail and $1,000 in fines. In Florida, assault and battery charges can be charged as a misdemeanor or . Our number one goal is to help you craft the best possible defense so that you can achieve the best possible result in court. Our experienced criminal defense attorneys have already helped thousands of clients successfully litigate their cases, and we are prepared to offer you the same aggressive advocacy. Types of battery charges include: Simple battery is a first-degree misdemeanor. Get a FREE consultation with our Jacksonville assault and battery defense lawyers today by calling (904) 474-3115! Battery is a First Degree Misdemeanor, which means you face one year imprisonment and a maximum fine of $1,000 for a conviction. Also, these charges, which are usually misdemeanors, can also be more serious offenses, such as aggravated battery and aggravated assault, which are felonies. An Aggravated Assault charge is a felony assault third-degree felony, which has a maximum penalty of 5 years in jail and a $5000 fine. Definition Of Assault. Whereas assault refers to threatening physical violence, battery involves actual physical violence. Many people mistakenly believe that "assault" and "battery" are the same thing. §§ 784.011, 784.03, 784.07 to .083 (2021).) Simple assault is a second-degree misdemeanor in Florida, but "aggravated assault," assault committed with a deadly weapon or with the intent to commit a felony, is a third-degree . Penalties for Assault and Battery in Florida . Actually and intentionally touches or strikes another person against the will of the other; or. Although assault and battery is thought by many to be the same, they have separate definitions and are prosecuted as separate charges. Both carry potentially serious penalties, including incarceration and fines. In Florida, a battery charge may be effectively countered with a variety of defenses. You can be charged with either or both. However, here in Florida both assault and battery can also be charged as felonies if . Criminal Defense. Statistics show that more than 100,000 people are arrested for assault and battery every year in . Aggravated Assault on a Person 65 years of Age or Older Penalties in Florida. If a person is convicted or pleads guilty to battery with a prior battery on their record, the charge becomes a third-degree felony, just as with aggravated assault, this carries up to five years in prison and up to $5,000 in fines. Get In Touch. DEFENSE FOR ASSAULT AND BATTERY CHARGES Conditional Threat. However, assault and battery are two separate crimes each with multiple levels of severity and different penalties for . Only minimal physical contact needs to occur to constitute a battery. Jacksonville Assault & Battery Defense Attorney. Aggravated battery, however, is a much more serious crime under Florida law. The most basic assault charge in Florida is a misdemeanor of the second degree, which is punishable by 60 days in jail and fines up to $500. Assault & Battery Charges in Florida. The biggest difference between domestic violence, assault, and battery is family relationship either by blood or marriage.". Aggravated Assault: 3rd degree felony punishable by $5,000 and up to 5 years in prison. Domestic Violence is a specialized form of assault or battery, and may be charged as a misdemeanor or a felony. The 2021 Florida Statutes. The range of punishments can increase substantially, to include . | Mar 23, 2022 | Criminal Charges, Criminal Law. Under Florida Statute § 784.08 (2) (b), the third-degree felony offense of battery becomes a second-degree felony punishable by up to 500 hours of community service work, a minimum of three years up to 15 years in prison and/or a fine of up to $10,000 if: The alleged . Get In Touch. To discuss how we will fight to protect your rights, contact the Law Office of John M. Howe via our online form or by calling us at 561-296-7772 or toll-free at 866-930-2938. Michael Germain of Germain Law Group, P.A. +1 941-404-8909. Learn more today. Simple battery is a first-degree misdemeanor and it can result in 1 year of jail and a fine of up to $1,000. Related Reading> Assault & Battery Charges in Florida Accused of Felony Battery? By contract, a battery is an infliction of intentional and offensive contact on the person of another with the defendant having done some act which caused . If you have been accused of or charged with a felony battery crime in Tampa Bay, contact our defense attorneys at Stechschulte Nell. Penalties for Assault and Battery. Battery, on the other hand, is a "harmful touching.". Intentionally causes bodily harm to another person. Florida Statute § 784.0 3 defines battery as when a person "Actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person." According to assault and battery law, charges of battery against another person do include physical contact or bodily harm. So whereas assault involves simply threatening another person, battery involves making physical contact with another person. FL Criminal Statute §784.03. 813-280-1244; . Physical contact is required to constitute battery. Great bodily harm or permanent harm. I hope that clears this up for you. Battery is a first degree misdemeanor in Florida. Although assault and battery are separate offenses, they often occur as part of the same offense. Because the crimes are separate, but often charged together . Whereas assault refers to threatening physical violence, battery involves actual physical violence. The Best Assault and Battery Lawyers in Jacksonville, Florida. Contact South Florida criminal defense attorney John M. Howe. Simple battery only requires an intentional, unwanted physical contact between the defendant and the victim. While people often use the terms assault and battery interchangeably in Florida, assault and battery are separate crimes. Tampa Assault and Battery Attorney. Assault and battery charges are common in Florida. In Florida, assault and battery crimes include any intentional physical violence or threat of physical violence towards another person. The same is true for Aggravated Battery. While the potential penalties for assault and battery offenses can vary depending on the type of degree of the charges in question, the consequences of a conviction are often significant. You can schedule a free consultation with Jacksonville assault and battery attorney Dale Carson on our Complimentary Consultspage. Battery is the legal name for the offense that occurs when violence is actually committed, with or without assault. The battery is touching someone against their will or causing bodily harm. Battery charges in Florida include simple, felony and aggravated battery with aggravated battery being the most serious. You do not have to actually follow through on a threat of physical harm to be charged with assault. If you have been accused of or charged with a felony battery crime in Tampa Bay, contact our defense attorneys at Stechschulte Nell. In Florida, assault and battery are two different charges. For over 12 years, Michael Germain has represented clients in civil assault and battery cases against offenders. (b) Except as provided in subsection (2) or subsection (3), a person who commits battery commits a misdemeanor of the first . An assault means that you have put someone in an immediate fear for their safety. As you can see, a battery can occur from something minor, such as grabbing another . Our 25+ years of experience dealing with assault and battery cases in Florida makes our team at Smith & Eulo uniquely capable of handling your case. Intentionally touching or striking another person, or Intentionally harming another person. Florida Penalties for Assault and Battery In Florida, assault offenses are charged as second-degree misdemeanors. While the potential penalties for assault and battery offenses can vary depending on the type of degree of the charges in question, the consequences of a conviction are often significant. Assault and battery are often mentioned together because they occur simultaneously - or within moments of each other. with intent to commit a felony. The 2021 Florida Statutes. One of the most common problems that criminal defendants in Florida face involves assault and/or battery charges. You could be facing this very serious criminal charge if it's believed you (Fla. Stat. Additionally, In their most basic forms both assault and battery are misdemeanor offenses. Below is an outline: Assault: 2nd degree misdemeanor punishable by a $500 fine and up to 60 days jail time. Battery is a First Degree Misdemeanor, punishable to a maximum of one year in jail and a $1,000 fine. However, assault and battery are two separate crimes each with multiple levels of severity and different penalties for . 850-423-0035 Battery is typically considered a first-degree misdemeanor and may involve one year in jail and a fine of $1,000. Defining Assault And Battery. Being convicted of felony battery can result in up to five years of incarceration and a fine of up to $5,000. Florida Statute Section 784.011 - Assault. Punishments range from up to 60 days for simple assault to 15 years . Assault. An assault crime is considered a 2nd-degree misdemeanor that carries a maximum sentence of 60 days of jail and a fine of up to $500. Differences in Florida Assault and Battery — Attorneys Explain The offense is harshly prosecuted throughout the State, and even first-time offenders will face a realistic possibility of prison. Alan Fowler and his law firm, Key West Criminal Defense, have extensive experience successfully defending clients in assault and battery cases in Key West, the Florida Keys, and Monroe County, Florida. In Florida, assault and battery offenses are classified as misdemeanors. The intentional causing of bodily harm to another person. In order for an assault to exist, the victim must believe that . Or call Dale Carson Law today at 904-355-6777. 2. A. As a Second Degree Misdemeanor, a conviction for assault could include up to 60 days in jail, a fine of $500, or both. Can You Be Charged with Assault and Battery if You Are in a Fight? Penalties may be increased if defendants have . FL Criminal Statute §784.021. Felony battery is a third-degree felony. (321) 209-2440 Email Mon - Fri 8:00 am - 5:00 pm. 2. Both aggravated assault and aggravated battery are felonies in my state with fines up to $10,000 and jail time of up to 15 years. Florida only has one category of sexual crime, and that's sexual battery. If you've been arrested on assault or battery charges, our team is here to help. Penalties for Simple Assault and Battery in Florida A person who commits simple assault is guilty of a second-degree misdemeanor and could face up to 60 days in jail and a $500 fine. The various Florida assault and battery charges and their maximum penalties can be found in the chart below: Charge Statute Misdemeanor or Felony Degree Maximum Penalty; Simple Battery / Misdemeanor Battery: 784.03(2) M: 1 st: 1-year jail and $1,000 fine: Simple Assault: 784.011: M: 2 nd: 60 days jail and $500 fine: by Brunvand Wise, P.A. Misdemeanor Battery (Simple Battery) Under Florida Statute 784.03, the crime of misdemeanor battery is committed when a person either: Intentionally touches or strikes another person against their will; or. 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