Battery

Battery

Battery

The offense of battery occurs when a person intentionally touches or strikes another and it is against that persons will. For a battery to occur, there is no requirement for harm to occur. For example, if you were to spit on someone, that could be classified as a battery, even though there was no physical harm to the other person. In the typically battery case, there is some type of harm, and many times the alleged victim will require medical help. A person charged with battery could be required by the court to pay these medical costs that could be in the thousands of dollars. A battery is categorized as a first degree misdemeanor, punishable up to one year in the county jail. Because there are more than just the criminal sanctions in a battery case, it is imperative to contact an attorney immediately to start working on your case.

Aggravated Felony Battery

Unlike a misdemeanor battery, Aggravated Battery requires that the prosecution prove that there was great bodily harm, a permanent disability, or permanent disfigurement to the alleged victim. An aggravated battery could also occur if a deadly weapon was used, or if the battery was committed on a pregnant woman and the accused knew she was pregnant at the time. An aggravated battery is a second degree felony, punishable up to 15 years in prison.

Assault vs. Battery

Many times people confuse an assault and battery. An Assault, does not require that anyone be touched by the action, only that some act of violence was threatened, and that the person was placed in immediate fear. However, a battery requires that the victim be touched or struck in some way. There is no requirement that they be harmed, only that they were touched and it was against their will.

How We Can Help

At the Law Office of M. Ameen, we understand the complexity of an assault case. There are many defenses available to you that you may not be aware of. Call us 24 hour a day, 7 days a week, toll free 1-800-436-8332 to set up a free consultation and discuss your case with an attorney today!

Florida Battery Statute Text (F.S. 784.03)

784.03 Battery; felony battery.–

  • (a) The offense of battery occurs 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.
    • (b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
  • A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s.
    775.082, s. 775.083, or s. 775.084.
    For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

Florida Aggravated Battery Statute Text (F.S. 784.045)

784.045 Aggravated battery.–

  • A person commits aggravated battery who, in committing battery:
    • Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
    • Uses a deadly weapon.
  • A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
    • Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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