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Assault is defined by Florida law as “an intentional, unlawful threat by word or act to do violence to another person, 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.”
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What is Simple Assault?
- A simple assault is a second-degree misdemeanor, and it is punishable by up to 60 days in jail.
What is Aggravated Assault?
- Aggravated assault is an assault with a deadly weapon without intent to kill. Aggravated assault is a third-degree felony, punishable by up to up to five years in prison.
What is Simple Battery?
- The offense of battery occurs when a person actually and deliberately touches or strikes another person against the will of the other, or purposely causes bodily harm to another person. Simple battery is a misdemeanor of the first degree, and it is punishable by up to one year in jail.
What is Felony Battery?
- A person commits felony battery when they actually and deliberately touch or strike another person against the will of the other and causes great bodily harm, permanent disfigurement, or permanent disability. A person who commits felony battery is committing a felony of the third degree, and it is punishable by up to five years in prison.
What is Aggravated Battery?
- A person commits aggravated battery when, in committing battery, they purposely or knowingly cause great bodily harm, permanent disfigurement, or permanent disability, or uses a deadly weapon. A person who commits aggravated battery is committing a felony of the second degree, and it is punishable by up to 15 years in prison.
Battery on LEO
Under Florida §784.07, we learn that battery on a law enforcement officer (LEO) is a very serious offense which can result in severe penalties. In the state of Florida, the penalties for battery intensify if the victim was a law enforcement officer of any sort.
Battery on LEO consists of:
- Officers of law enforcement
- Correctional officers
- Correctional probation officers
- Auxiliary law enforcement officers
- Auxiliary correctional officers
- Any county probation officers
- Employees or agents of the Department of Corrections who supervise or provide services
- Officers of the Parole Commission
- Law enforcement personnel of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the Department of Law Enforcement
The penalties will be extremely serious anytime a person is charged with deliberately committing an offense of assault and/or battery on:
- A law enforcement officer
- A firefighter
- An emergency medical care provider
- A traffic accident investigation officer
- A traffic infraction enforcement officer
- A parking enforcement specialist
- A security officer working for the board of trustees of a community college, while the officer is occupied in the lawful routine of his or her duties
If you are facing these charges, it is highly-recommended you contact an experienced assault and battery lawyer in Miami.
Can Someone Be Charged With Battery but Not Assault?
A person who commits battery without assaulting another person can face charges. Even if assault and battery can be considered a single act, the two could correspond to each other.
For instance, if a defendant goes behind a victim and attacks them with no witness involved, that defendant commits battery without assault.
The following are assault and battery on LEO offenses as well as their corresponding penalties:
- Battery on a police officer is a third-degree felony, which is punishable by up to five years in state prison.
- Aggravated battery charges will escalate from a second-degree felony to a first-degree felony, which is punishable by up to 30 years in prison.
- A mandatory minimum sentence of incarceration of five years will be actualized by the court for an aggravated battery on a law enforcement officer conviction.
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