A battery may occur in one of two ways:
- An actual and intentional touching or striking of another individual against his or her will, or
- Intentionally causing bodily harm to another individual.
Battery is an enhanceable offense. Simple battery is a misdemeanor of the first degree. However, if you are facing a battery charge and you were previously convicted of battery, the new offense will be classified as a third degree felony. A third degree felony carries a sentence of up to 5 years in prison and a fine of $5000 as opposed to a first degree misdemeanor which carries a sentence of up to one year in jail and a fine of $1000.
Aggravated Battery is an even more serious felony. This is a second degree felony which carries a sentence of up to 15 years in prison and a fine of $10,000. Aggravated battery is batttery that results in great bodily harm, permanent disfigurement or disability or a battery committed by the use of a deadly weapon. Battery on a pregnant woman, when the offender knew or should have known of the pregnancy, is also considered aggravated battery.
Furthermore, if you are currently facing a felony charge and have been previously convicted of Aggravated Battery, you face the possibility of enhanced penalties and/or mandatory minimum prison terms.
Contact your Orlando Criminal Lawyer to assist with your Battery Charges.
Unlike battery, an assault does not require physical contact. A charge of assault simply requires:
- Proof of an intentional threat (by word or action) to do violence to another person
- An apparent ability to do such violence, and
- Some act which creates a well founded fear of the imminence of the threatened violence.
As assault is a second degree misdemeanor which carries a potential maximum sentence of 60 days in jail and a fine of $500. If the assault was committed with the use of a deadly weapon or with the intent to commit a felony, the offense then becomes a third degree felony.
Furthermore, if you are currently facing a felony charge and have been previously convicted of Aggravated Assault with a Deadly Weapon, you face the possibility of enhanced penalties and/or mandatory minimum prison terms.
Contact us so we may conduct a thorough review of your criminal charge, and prepare the best defense for your situation.