Possible Battery Consequences, Penalties and Jail Sentences if Convicted in Florida? South Florida Criminal Lawyer explains

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Battery crimes are taken seriously in the state of Florida. There are a range of possible penalties and consequences, as well as different jail or prison sentences that are possible if you’re found guilty and convicted of Battery in the South Florida area. This is largely due to there being a variety of battery crimes that are seen as more or less serious in the eyes of Florida law.

What is a battery crime in Florida? (Fla. Sta. §784.03)

Battery includes actual offensive physical contact. It occurs when a person commits one of the following: (1) “actually and intentionally” touches or hits another person against their will; or (2) intentionally causes bodily harm to another person.

Battery Penalties and Consequences for Convictions in Florida

A person who commits battery in the state of Florida is guilty of a first-degree misdemeanor punishable by up to one year in jail and/or 12 months of probation and a $1,000 fine.

What is Felony Battery in Florida? (Fla. Sta. § 784.041)

While the definition of battery mentioned above still stands, felony battery is a graver conviction which constitutes an act by which someone intentionally touches or hits someone against their will AND causes that person great bodily harm, permanent disability, or permanent disfigurement.

A form of felony battery is domestic battery by strangulation, which occurs when: a person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom they are in a dating relationship thus creating the risk bodily harm. Strangulation can be defined as applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person.

Felony Battery or Domestic Battery by Strangulation Penalties and Consequences for Convictions in Florida

Someone who commits either one of these charges commits third-degree felony, punishable by a term of imprisonment – in a state prison – up to 5 years in prison (not jail) and a fine of up to $5,000.

What is an Aggravated Battery in Florida? ( Fla. Sta. § 784.045)

Aggravated Battery happens when a person who is committing battery: (1) intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (2) uses a deadly weapon.

Aggravated battery also includes the act of carrying out battery on a victim who is pregnant at the time of the offense, if the offender knew (or should have known) of the pregnancy at the time in which the alleged battery crime was committed.

Aggravated Battery Penalties and Consequences for Convictions in Florida

Someone who commits aggravated battery can be found guilty of a second-degree felony punishable by a term of imprisonment in a state prison up to 15 years and a fine of up to $10,000.

Penalties and Consequences For a Person with Prior Battery Conviction if Convicted of New Battery Charges in Florida

If a person has a prior conviction of either simple battery, aggravated battery, or felony battery and commits a second or subsequent act of battery in Florida, he or she will face a conviction of a third-degree felony. Punishment for such subsequent action is in accordance with the state statue (Fla. Sta. § 775.082 or § 775.083 or § 775.084).

Remember that “conviction” refers to a determination of guilt as a result of a plea or trial.

Fines as Penalties & Consequences Associated with Battery Convictions in Florida (Fla. Sta. § 775.083)

In addition to other possible punishments, a person convicted of a battery offense other than capital murder may be subject to fines.

In Florida, Fines for Battery convictions could potentially range from $1,000 to $15,000.

If specifically authorized by statute, a person may be subject to paying fines instead of receiving punishment. The fines associated with crimes and noncriminal violations do not exceed the following amounts for a conviction of a:

  • $500: for a second-degree misdemeanor (or a noncriminal violation)
  • $1,000: First-degree misdemeanor
  • $5,000: Third-degree felony
  • $10,000: First- or Second-degree felony
  • $15,000: Life Felony
  • Any amount higher than that authorized by statute or of the amount equal to double the gain derived from the offense (by the offender) or loss by the victim of the offense.

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