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Types of Criminal Battery Charges in Florida

August 5, 2012 by

Being charged with Battery is a completely different case than being charged with Assault. And while the two are often said together, they differ in definition and penalty. While Assault is the threat to do harm, Battery is in essence, actually inflicting harm. To be successfully convicted of Battery, the state must prove that bodily harm was done.  If you are charged with Battery or Aggravated Battery in Defuniak Springs, or anywhere in Walton county you need to hire a competent criminal defense attorney that has successfully defended Battery cases locally, and under similar circumstances as yours.

 

Florida Battery Criminal Code

Understanding the types of criminal Battery charges can be difficult. We outline the legal definitions of Misdemeanor, Felony and Aggravated Battery.

Battery is defined by the state of Florida as:

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…
(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. 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.

Aggravated Battery is defined by the state of Florida as:

(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…

Understanding the Difference

If you are convicted of Misdemeanor Battery, a judge can impose any combination of the following penalties:
  • Up to 1 year in jail
  • Up to 1 year of probation
  • Up to $1,000 in fines

A conviction of Felony Battery is punishable by any combination of:

  • Up to 5 years in prison
  • Up to 5 years of probation
  • Up to $5,000 in fines

Should your charge of Aggravated Battery result in a conviction, you will receive a minimum sentence of 21 months in prison and any combination the judge sees fit from:

  • Up to 15 years in prison
  • Up to 15 years of probation
  • Up to $10,000 in fines

Having a good criminal defense attorney that is willing to fight your case in court and get you the best possible outcome can make the difference between no charges and 15 years in prison. Don’t leave your defense up to chance, take action today.

Free Consultation for your Battery Case

Attorney Sherry Ivey Jones has tried many Battery cases and can defend you effectively. She also works exclusively in Northwest Florida, and has experience defending cases from Defuniak Springs and all of Walton County. If you are charged with Battery, Aggravated Battery or any other violent crime, you need to retain a lawyer. Sherry Ivey Jones Law Firm only does criminal defense cases and can go over the specifics of your case with you and advise you what to do. Call today for your free consultation, or email Sherry to set up an appointment. Time is a factor with all criminal cases, so don’t hesitate to get Sherry working on your case right away.

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