According to Florida law, assault and battery is two separate crimes that we often see together in this context. Battery consists of physical contact with a victim whereas assault constitutes a harmful threat without contact. While there are similarities between the two, the punishments are diverse.
Little Known Facts About Assault – And Why They Matter
When a victim fears imminent harm from an assailant, this is considered an assault. In this case, there is no physical contact, but the victim feels threatened. When this crime is presented in court, the prosecutor has to prove that the defendant meant to threaten the victim, intended to carry out the threat physically, and cause fear in the victim. The prosecution’s job is to show that whether by gesture, words or an intimidating act, the defendant demonstrated harm to the victim.
There are usually three types of assaults in the state of Florida:
- Aggravated assault
- Simple assault
- Felony assault
Be aware: A defendant will usually be charged according to the ruthlessness of the offense.
A Battery Act
Battery is when physical contact is made against a victim. The prosecution in a battery case has to prove that the act was intentional. The act must have been against the will of victim and without consent.
There are usually three types of battery in the state of Florida:
- For a simple battery, all the assailant has to do is to make physical and unwanted contact on the victim with intention.
- The laws allow the prosecutor to charge the assailant with felony battery, if there was a previous battery conviction.
- For aggravated battery, the prosecution has to prove intent to cause serious bodily harm or use of a deadly weapon on the victim.
The crime of assault or battery has consequences, but it all depends on the charges that the state prosecutor will pursue. In the state of Florida, each of the three offenses discussed earlier has a sentence requirement mandated by law. These are as follows:
- For simple assault, a second-degree misdemeanor – 60 days in prison and a fine of less than $500
- For aggravated assault, a third-degree felony – imprisonment of up to five years and a penalty of up to $5,000
- For simple battery, a first-degree misdemeanor – imprisonment of up to a year and a penalty of less than $1,000
- For felony battery, a third-degree crime – imprisonment of up to five years and penalty of up to $5,000
- Aggravated battery, a second-degree crime – an imprisonment sentence of up to fifteen years and penalty of up to $10,000
For the accused assailant, the defense attorney can offer various strategies to defend the case. Some of these include:
- It was an accident
- There was no intent
- There was content for physical contact
- It was defending someone else
- It was self defense
- It was defense against harming personal property
Be aware…In the state of Florida, the prosecution can ask for increased sanctions against the defendant with previous felony convictions.
If you face assault and battery charges in Florida, then you need an experienced criminal attorney. For more information on how we can help you with your case, contact our team of criminal defense attorneys today at 561-444-9529.
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