In Florida, the crime of assault is defined by the state statute as follows: Assault is:. Assault does not require an intent to injure. It is sufficient that a potential victim of an assault merely has reason to fear an immediate attack. However, not all threats of violence can be considered to be criminal assault. However, if that same person is confronting another at close quarters, and has an ability to carry out the threat, causing the recipient to fear that an act of violence is possible, indeed is about to happen, a charge of assault can be levied.
The crime of assault differs from the crime of battery. Battery only takes place when a defendant makes physical contact with a victim. To prove a battery case, a prosecutor must show that the defendant intentionally touched or struck the victim. Simple assault is categorized as a second degree misdemeanor. Learn more about Assault or Battery with a Firearm in Florida.
Second- and first-degree felonies are punished more severely than third-degree felonies. Below is an explanation of third-degree felony sentences, special victim status, and punishments for second- and first-degree felonies. A person convicted of a third degree felony faces the following penalties:.
Aggravated assault against certain victims is a second degree felony ; aggravated battery against these victims is a first degree felony. A person convicted of a second degree felony in Florida faces the following penalties:.see
Aggravated Battery on A Pregnant Female | Miami Domestic Violence Lawyers
The penalties for a first degree felony are:. If someone convicted of an assault or battery has a criminal record, particularly prior convictions for assault or battery or other violent crimes, any of the sentences listed above are subject to enhancement. The court can impose probation instead of jail time for the entire sentence, or after the defendant has spent some time in jail. For instance, a judge in an aggravated battery case can sentence a defendant to five years in prison and ten years on probation.
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A person convicted of assault or battery in Florida is required to pay restitution, which means reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling. Restitution orders are the norm—the court may elect not to require restitution only in very unusual situations for compelling reasons. If you are facing a charge of assault or battery in Florida, a lawyer can investigate the case and find out if you were wrongfully charged or there are other reasons why the case should be dismissed before trial.
If the charges are not dismissed, an attorney may be able to negotiate a plea bargain with the prosecutor on your behalf, or prepare a defense and represent you at trial if you believe you have been wrongly accused or if there are no reasonable plea options.
Prosecutors often will negotiate and agree to let the defendant plead guilty to a different, less serious crime. Or, the prosecutor may agree to a lighter sentence in exchange for a plea of guilty to the charge. A felony conviction will seriously impact your life. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms.
In certain circumstances, a felony conviction also can result in loss of a professional license.
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Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction s. If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case. Only someone familiar with the local criminal court system and cases like yours will know how good your chances are for a favorable outcome in court or at the negotiating table.
Home Aggravated Battery Defense. Aggravated Battery Defense David C. The Witnesses are Lying Alleged victims and witnesses in Aggravated Battery — Deadly Weapon cases sometimes make false accusations because they have a motive to lie. The Witnesses May Be Mistaken Sometimes a witness may claim to have seen a Battery take place, but they were mistaken.
The Witnesses are Lying Alleged victims and witnesses in Aggravated Battery — Great Bodily Harm cases sometimes make false accusations because they have a motive to lie. The victim was pregnant at the time. The person committing the battery knew or should have known that the victim was pregnant. The Witnesses are Lying Alleged victims and witnesses in Aggravated Battery — Pregnant Woman cases sometimes make false accusations because they have a motive to lie. Defendant intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the victim, or the Defendant used a deadly weapon.
The victim was a Firefighter. Defendant knew that the victim was a Firefighter.
The Victim was engaged in the lawful performance of his or her duties when the battery was committed. Who qualifies as a Firefighter?
Florida Aggravated Assault and Battery Laws
The victim was a Law Enforcement Officer. Defendant knew that the victim was a Law Enforcement Officer The Victim was engaged in the lawful performance of his or her duties when the battery was committed. The Officer was not engaged in the lawful performance of his or her duties A conviction for Aggravated Battery on a Law Enforcement Officer requires proof that the officer was engaged in the performance of a lawful duty.
The victim was an Emergency Medical Care Provider. Defendant knew that the victim was an Emergency Medical Care Provider. Who qualifies as an Emergency Medical Care Provider? All Rights Reserved.