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In other words, an assault requires a threat that causes fear of harm, whereas battery requires offensive or unwanted touching or contact that causes physical harm. WebA conviction means there was a determination of guilt in your previous case, even if adjudication was withheld or you entered a plea of nolo contender e. Simple assault and battery are misdemeanors under Florida law but may be aggravated to felony charges if certain facts are alleged. Florida Criminal Lawyer. No disability, disfigurement or extreme physical harm inflicted upon the supposed victim; You had no intention to touch or strike the alleged victim; There was not a deadly weapon involved in the purported incident, and; The physical altercation between you and the alleged victim was the result of consent or mutual combat. Given the severity of the offense, an aggravated battery can result in severe punishments. A deadly weapon is any object that will likely cause death or great bodily harm if used or threatened to be used in the ordinary and usual manner contemplated by its design and construction. Using a deadly weapon (a weapon used or threatened to be used in a way to cause bodily harm or death, Aggravated Battery Remember, assault doesn't require an intent to injure, only the intent to cause the victim fear of an immediate attack. Statutes, Video Broadcast WebAggravated battery is a second-degree felony in Florida, punishable by up to 15 years in prison and a fine of up to $10,000. In addition, penalties for the offense include mandatory prison, with a maximum penalty of up to 15 years or more, depending on the application of Floridas 10-20 Life law. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. A lawyer can explain the criminal justice process, protect your rights, and zealously defend your case. 71-136; s. 20, ch. 3. "Friday", They can also include everyday objects that can be used in a manner likely to cause death or great bodily harm, for example, steel-toed boots. The state of Florida has a bond schedule, set for the different categories of offenses. (Fla. Stat. Battery on a Law Enforcement Officer (sometimes called Batt LEO) is charged under Florida Statute Section 784.07, as a third-degree felony. WebIn Florida, Aggravated Battery is the intentional touching of another person with the intent to inflict great bodily harm or to use a deadly weapon. WebIn the case of aggravated battery, a person receives much of the same penalties as aggravated assault.