Assault and Battery
The crimes of assault and battery can be either misdemeanors or felonies. Certain elements involved in the act can enhance the level of the charge as well as the penalties. The crime of misdemeanor simple battery can be upgraded to a felony if you have prior convictions for battery. Domestic battery is a misdemeanor but can be upgraded to a felony if the alleged victim is pregnant. Minimum mandatory sentences are imposed if the assault or battery involves the use of a firearm. You may face serious consequences, including jail or prison time, fines, probation, loss of employment or loss of a professional license. These charges are serious you will need an experienced defense attorney to ensure that your rights are protected and preserved.
If you have been charged with assault or battery, it is imperative that you seek the advice of competent, aggressive legal counsel. Without the assistance of counsel, you might incriminate yourself, making your case more difficult to fight in the courtroom. Call the Law Offices of Kelli J. Bynum, P.A. at (904) 365-4529 for a free consultation before speaking with anyone involved in your case. We can advise you on the strength and weaknesses of the charges against you and the best way to attack those charges.
Types of Assault and Battery:
- Misdemeanor assault or battery
- Felony battery
- Domestic battery
- Aggravated assault (with weapon or with weapon and discharge)
- Aggravated battery (with weapon or with weapon and discharge)
- Armed Robbery
- Assault or Battery of Law Enforcement Officers
A criminal defense attorney will help you understand the applicable law:
(1) An "assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
784.021 Aggravated assault.--
(1) An "aggravated assault" is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
784.03 Battery; felony battery.--
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
784.045 Aggravated battery.--
(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.
If you have been charged with a crime, contact the Law Offices of Kelli J. Bynum, P.A. for a free consultation. (904) 365-4529