Assault is prosecuted a second degree misdemeanor, unless “aggravating” factors exist. According to Florida Statute § 784.011, simple assault is defined as any intentional, unlawful threat by word or act to inflict harm on another person, coupled with the apparent ability to do so. It must also be established that the other person had a well-founded fear that violence was imminent. This means that you could be arrested and charged with assault even if you did not lay a hand on another person.

However, according to Florida Statute § 784.021, you could be charged with aggravated assault if you used a deadly weapon without intent to kill or the assault was carried out with intent to commit another felony. This crime is a third degree felony under state law, which carries much harsher penalties than those imposed for simple assault.

– Simple Assault: up to 60 days in jail and $500 in fines
– Aggravated Assault: up to 5 years in prison and $5,000 in fines

Florida Law Definition of Battery

Battery is defined as intentionally touching or striking another person against their will, or intentionally causing bodily injury to another person. Under Florida Statute § 784.03, battery is charged as a first degree misdemeanor, but if you have been convicted of a prior battery or felony battery offense, you would instead be charged with a felony of the third degree.

While committing a battery offense if you intentionally or knowingly cause great bodily harm, permanent disability or permanent disfigurement to another person, or you knew that the victim was pregnant at the time of the offense, you could be charged with aggravated battery. Under Florida Statute § 784.045, aggravated battery is a felony of the second degree and will result in much harsher penalties than battery.

– Simple Battery: up to 1 year in jail and $1,000 in fines
– Aggravated Battery: up to 15 years in prison and $10,000 in fines

Obtain Legal Assistance

Assault and Battery may seem like minor crimes but they can result in serious legal consequences. The sooner you get in touch with Charles G. White, the better it will be for your case. If you’ve been arrested for Assault, Battery, Aggravated Assault, orAggravated Battery, you are facing serious criminal charges with substantial penalties and possible jail time if you are convicted. If you or someone you know is accused of Assault or Battery, it is imperative that you work with an attorney who has experience in these cases. Charles G. White has represented hundreds of clients in State & Federal Courts throughout the United States. He has the experience and knowledge essential to obtain the best possible result. Charles G. White. He has over 34 years of experience with these types of cases and will defend you and your rights.