Florida’s Laws on Assault, Battery, and Aggravated Battery
Assault, battery, and aggravated battery are serious violent crimes in Florida that involve intentionally harming or threatening another person. Understanding these crimes and the specific laws around them in Florida is important for everyone. This article will provide an overview of what constitutes assault, battery, and aggravated battery under Florida law, penalties for each, and some key things to know.
What is Assault Under Florida Law?
Legally, assault refers to threatening to physically harm someone. For an assault charge in Florida, the threat itself does not have to result in actual physical harm. Simply making someone reasonably fear that violence or harm is about to happen is enough to qualify as assault under Florida statute 784.011.Some examples of assault could include:
- Threatening to hit or attack someone
- Raising a fist in a threatening manner
- Showing a weapon in a threatening way
The key is that the behavior would make a reasonable person afraid they are about to be seriously hurt or injured. Words alone are typically not enough to be considered assault – there has to be some action or credible threat to use force that puts someone in fear.
What is Battery Under Florida Law?
Battery refers to the actual physical harm or offensive touching of another person, even if it does not result in injury. The physical contact or harm can be done directly or indirectly through an object. Under Florida statute 784.03, battery includes:
- Hitting, punching, slapping, or kicking someone
- Pushing or physically confronting someone
- Throwing an object at someone
- Spitting on someone
In Florida, the offense is considered a misdemeanor battery charge. However, there are exceptions where it can become a more serious felony charge (see aggravated battery below).
What is Aggravated Battery in Florida?
Under Florida statute 784.045, aggravated battery refers to committing a battery that intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement to another person.
Some examples that would lead to an aggravated battery charge include:
- Beating someone so severely that they have broken bones, lost consciousness, or have permanent injuries
- Shooting or stabbing someone
- Throwing acid on someone’s face to deliberately disfigure them
Aggravated battery is a much more serious second degree felony charge in Florida compared to basic misdemeanor battery.
Penalties for Assault, Battery and Aggravated Battery in Florida
The specific criminal penalties for assault, battery, and aggravated battery depend on the severity and circumstances of the case. In general:
- Assault – Up to 60 days in jail and/or fines up to $500
- Basic Battery – Up to 1 year in jail and/or fines up to $1000
- Aggravated Battery – Up to 15 years in prison and/or fines up to $10,000
Other penalties can also apply – for example, restitution to the victim, probation, anger management classes, etc. Prior offenses lead to harsher sentences.
Key Things to Know
There are a few other important things to understand about these charges in Florida:
- Self defense – Use of reasonable force for self defense is allowed under Florida law. So assault or battery charges can be defeated if it was legally justifiable to protect oneself from harm.
- False accusations – Falsely accusing someone of assault, battery, or aggravated battery is itself a first degree misdemeanor.
- Domestic violence – Enhanced penalties often apply for charges involving violence against a spouse, family member, or roommate.
- Juveniles – Juveniles face different sentencing, but can still be charged as adults depending on age and offense.
Conclusion
Assault involves threatening violence or harm, battery involves offensive unwanted touching, and aggravated battery takes it further with intentional severe injury or disfigurement. There are specific laws against these violent crimes in Florida, with penalties ranging from fines and probation up to many years in prison depending on exactly what occurred. Understanding the legal differences is important for everyone. If faced with potential charges, consulting an experienced Florida criminal defense attorney could be essential.