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Assault & Battery Crimes

Assault and battery crimes are very common in Florida and usually result from a misunderstanding. These charges deal with your typical fight between two or more people. However, it is also commonly found in domestic violence cases. 

What is an Assault?

For some people an assault is getting hit by another person. But in actuality, an assault is nothing more than a threat to commit violence. Florida law defines an “assault” 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.

Different Types of Assault and Penalties

The most common assault crimes in Florida:

Simple Assault: This is a second degree misdemeanor punishable by up to sixty (60) days in the county jail.

Aggravated Assault: An assault with a deadly weapon without intent to kill; or with intent to commit a felony. This is a third degree felony punishable by up to five (5) years in state prison.

Assault on a Law Enforcement Officer: Same definition of an assault but the victim is a police officer, firefighter or paramedic. A person facing this charge will be facing a first degree misdemeanor punishable by up to one year in county jail.

Aggravated Assault on a Law Enforcement Officer:  Same definition of an aggravated assault but the victim is a police officer, firefighter or paramedic. A person facing this charge will be facing a second degree felony punishable by up to fifteen (15) years in state prison and a mandatory minimum prison sentence of three (3) years.

What is a Battery?

Battery is defined as actually and intentionally striking or touching another person against their will, or intentionally causing bodily injury to another person.

Different Types of Battery and Penalties

The most common battery crimes in Florida:

Simple Battery: A person charged with simple battery will be facing a first degree misdemeanor punishable by up to one year in county jail.

Felony Battery: If a person has one prior conviction (even if it was a withhold of adjudication) for battery, aggravated battery or felony battery they will be facing a third degree felony instead of a misdemeanor and up to five (5) years in state prison.

Aggravated Battery: A person accused of intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon or the victim is pregnant will be facing a second degree felony.

Battery on a Law Enforcement Officer: Same definition of a battery but the victim is a police officer, firefighter or paramedic. A person facing this charge will be facing a third degree felony punishable by up to five (5) years in state prison.

Aggravated Battery on a Law Enforcement Officer: Same definition of an aggravated battery but the victim is a police officer, firefighter or paramedic. A person facing this charge will be facing a first degree felony punishable by up to thirty (30) years in state prison and a mandatory minimum prison sentence of five (5) years.

Get the Defense You Need

If you or a family member has been charged with a crime in Miami you need an experienced criminal defense lawyer to fight for you. As a former prosecutor and experienced criminal lawyer in Miami, Antonio Jimenez has the experience to resolve your assault or battery criminal case. He knows how to thoroughly examine the prosecution’s case and determine where the weaknesses lie so you get the best defense possible. Contact him directly for a free phone consultation to discuss your case.