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According to Florida Statute 784.011, assault is an intentional and deliberate threat, by word or action, against another person. To be considered assault, there must be an element of intent and a fear of immediate danger, but there does not need to be an actual physical attack at that moment for a crime to be considered assault in a court of law.
Simple assault is considered a misdemeanor and can result in up to one year of jail time and fines of up to $1,000.
Aggravated assault is an elevated degree of assault that occurs when the assaulting acts are overly aggressive. This is determined by assault with a deadly weapon without an intent to kill or with intent to commit a felony.
Aggravated Assault is considered a third-degree felony that can result in up to five years in prison, heavy fines of up to $5,000, and potential probation of up to five years.
In Florida Statute 784.03, battery is defined as when an individual intentionally or deliberately touches or strikes another against their will to specifically cause bodily harm. To be convicted of battery, the prosecution must prove that there was an intention to harm the other party alongside evidence of the act of violence.
Simple battery is considered a misdemeanor of the first degree and could potentially result in up to one year of jail time and fines of up to $1,000.
A domestic battery charge is given when an individual deliberately touches or strokes a family or household member against their will with the intent to cause bodily harm. A family or household member includes:
To be considered a family or household member, the individuals must be currently residing or have previously resided together in the same household, except for individuals who have a child together.
Domestic violence battery is considered a first-degree misdemeanor, potentially resulting in penalties of up to a year of jail time and a $1,000 fine.
Aggravated battery often contains an element of the intent to cause serious harm or use a weapon. The use of a firearm during the commission of an aggravated battery further elevates the severe nature of the offense.
Aggravated battery is considered a third-degree felony. A charge could result in up to five years in prison, fines of up to $5,000, and a potential probationary period of up to five years.
Felony battery, as defined in Florida Statute 784.041, is an elevated battery charge wherein an individual intentionally strikes another person against their will and causes severe bodily harm, permanent disability, or permanent disfigurement.
Felony battery is a third-degree felony offense and could lead to a prison sentence of up to five years, fines of up to $5,000, and a potential five-year probation.
Battery on a Pregnant Woman
Florida Statute 784.045 considers it an aggravated battery if the victim is pregnant at the time of the offense and the offender knew or should have known about the pregnancy.
Committing battery on a pregnant woman is considered a felony of the second degree and can result in up to fifteen years in prison and up to $10,000 in fines.
Florida Statute 784.045 considers it an aggravated battery if the victim is pregnant at the time of the offense and the offender knew or should have known about the pregnancy.
Committing battery on a pregnant woman is considered a felony of the second degree and can result in up to fifteen years in prison and up to $10,000 in fines.
Under Florida Statute 784.08, battery on an individual aged 65 or older is considered a misdemeanor of the first degree to a felony of the third degree. Aggravated battery on an individual aged 65 or older results in a felony charge from a felony of the second degree to a felony of the first degree depending on various situational factors.
Penalties include a minimum imprisonment of three years, a fine not exceeding $10,000, mandatory restitution to the victim, and up to 500 hours of community service to be done in place of any other penalties, depending on the degree of felony charged.
Florida Statute 784.07 addresses battery offenses against law enforcement officers and Emergency Medical Technicians (EMTs).
A simple charge of battery against law enforcement or an EMT is a felony of the third degree, resulting in up to five years in prison and fines of up to $5,000. An aggravated battery charge is considered a felony of the first degree, punishable by up to 30 years in prison and up to $10,000 in fines. Special provisions include a minimum of six months imprisonment for battery during a riot and a minimum of five years imprisonment for aggravated battery of a law enforcement officer.
Under Florida Statute 784.081, battery offenses against teachers or school officials carry elevated penalties.
A simple battery charge on a teacher or a school official is classified as a felony of the third degree, punishable by up to five years in prison and fines of up to $5,000. An aggravated battery charge on a teacher or school official is considered a felony of the first degree, punishable by up to 30 years in prison and up to $10,000 in fines.
Florida Statute 827.03 outlines the degrees and associated penalties of aggravated child abuse and child abuse offenses.
Simple battery on a minor is considered child abuse in a court of law, which is a felony of the third degree. It involves the intentional infliction of physical or mental injury, acts likely to cause harm, or active encouragement of harmful acts. A felony of the third degree is punishable by imprisonment for up to five years and fines of up to $5,000.
Aggravated battery on a minor is an aggravated child abuse charge. This offense is a felony of the first degree, involving aggravated battery on a child, willful torture, malicious punishment, or caging resulting in severe harm. An aggravated child abuse charge could result in a prison sentence of up to 30 years and heavy fining of up to $10,000.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
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