What Is Battery?
In the event that physical contact is made with the victim, it is no longer an assault, but instead is considered a battery. The prosecution must prove that those accused touched or struck the victim without their permission. Under Florida law, there are several different categories of battery. Simple battery requires that the defendant committed an unwanted touching. Felony battery requires that the defendant committed a battery, resulting in serious bodily harm. Aggravated battery requires that the defendant committed a battery which resulted in serious bodily harm, with the use of a deadly weapon.
Penalties for Battery
Simple battery is a first-degree misdemeanor. Imprisonment for a maximum of one year and a fine of $1,000 are allowed under Florida law. Felony battery is a third-degree felony; Florida law allowing imprisonment for up to five years and/or a fine of $5,000.
Aggravated battery is a second-degree felony. Those charged with aggravated battery face imprisonment for up to fifteen years and a fine of $10,000. Battery on a Law Enforcement Officer carries increased penalties Aggravated battery on a law enforcement officer is first-degree felony; punishable by up to thirty years in prison. Aggravated battery on a law enforcement officer also carries with it a mandatory minimum sentence of five years imprisonment.
According to the 2014 Florida Statute 784.045, Aggravated Battery Is:
(1)(a) A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
(b) 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.
(2) 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.
What Are Some Examples of Aggravated Battery?
- Battery resulting in temporary disfigurement
- Battery resulting in serious bodily harm or disfigurement
- Battery against a law enforcement officer
- Shooting someone with a gun
- Cutting someone with a knife
- Striking someone with an object not normally considered a deadly weapon when not in the context of a battery (ex: a baseball bat or a stick)
Fort Lauderdale Criminal Defense Lawyer
If you have been charged with aggravated battery or believe you may be charged in the future, you need an experienced criminal defense attorney. Kenneth Padowitz, P.A. specializes in criminal defense law. Fort Lauderdale criminal defense attorney Kenneth Padowitz will provide you with the strategic criminal defense you need. We represent clients throughout Broward and all of South Florida, including: Fort Lauderdale, Miami, Palm Beach, Parkland, Weston, and Boca Raton. Contact our law office today to discuss this important matter with our Broward criminal lawyer.