Battery Aggravated Battery
The offense of battery is considered a violent crime in Florida. Some actions that can be considered battery can include hitting, punching, poking, slapping, choking or any kind of striking.
If the offense of battery is committed against certain individuals, the penalties for this offense can drastically increase. If you have been arrested for a battery offense, hiring a knowledgeable Florida criminal defense attorney can possibly result in your charges being reduced or even dismissed.Jacksonville Battery Defense Lawyer
If you have been charged with a battery offense, contact Roelke Law today. Criminal defense attorney Bill Roelke is experienced with defending individuals who are facing battery charges throughout Florida. Contact Roelke Law today at (904) 354-0333 for a free consultation regarding your alleged battery offense in Jacksonville, Jacksonville Beach, Atlantic Beach, Saint Augustine Beach or Fernandina Beach.
Definition of Battery in Florida
According to Fla. Stat. § 784.03, the offense of battery usually occurs when a person actually and intentionally touches another individual against their will, and causes bodily harm from the touching.
Bodily harm usually means any damage to a person’s physical condition that causes pain or illness.
Definition of Felony Battery in Florida
Felony battery is a more serious offense than simple battery. When an individual actually and intentionally touches another person and causes that person serious bodily harm, permanent disability or disfigurement, they can be charged with felony battery, according to Fla. Stat. § 784.041.
Florida law defines serious bodily harm as an injury that could potentially cause death or permanent disfigurement.
Definition of Domestic Battery by Strangulation in Florida
Under Fla. Stat. § 784.041, domestic battery by strangulation can occur when a person knowingly and intentionally strangles another person.
Usually this occurs between two individuals who are related or who are in a dating relationship.
Battery Penalties in Jacksonville
The penalties for battery offenses are defined in Fla. Stat. §§ 775.082 - .083.
- A conviction of battery can result in a misdemeanor of the first degree, which is punishable by up to one year in jail and/or a fine up to $1,000 or probation.
- A second or subsequent battery offense can result in a conviction of a felony of the third degree, which is punishable by up to five years in prison and/or a fine up to $5,000.
- A conviction of domestic battery by strangulation can result in a felony of the third degree conviction, which is punishable by up to five years in prison and/or a fine up to $5,000.
Definition of Aggravated Battery
In accordance with Fla. Stat. § 784.045, the offense of battery is considered aggravated when:
- An individual intentionally or knowingly cause great bodily harm, permanent disability or permanent disfigurement;
- A deadly weapon is used; or
- The victim of the battery was pregnant at the time of the offense.
Aggravated Battery Penalties in Jacksonville
Aggravated battery is generally considered a second degree felony offense, which is punishable by up to 15 years in prison and/or up to $10,000 in fines.
Increased Offense Classification for Certain Battery Charges in Florida
According to the Florida Statutes, if a battery offense is committed against the individuals listed below the offense can result in an increased degree of offense. For example, if the battery was punishable as a misdemeanor of the first degree, it can be increased to a felony of the third degree if the offense was committed against any of the following individuals:
- School officials
- Elected officials
- Law enforcement officers
- Public transit employees
- Parole officers
- Code inspectors
- Sports officials
- Probation officers
- Health service personnel
- Persons 65 or older
Additionally, increased battery charges can occur if the offense is committed against a child by the use of certain fluids or materials or against a facility employee by the use of certain fluids or materials.
Roelke Law, P.A. | Duval County Battery Defense Attorney
Contact Roelke Law to discuss the facts your alleged battery offense. Bill Roelke is an experienced violent crime attorney in Jacksonville and is knowledgeable in all areas of Florida's laws. Bill Roelke will fight the allegations against you in order to avoid the most serious fines and penalties. Contact Roelke Law today at (904) 354-0333 or send an online message for a free consultation regarding your battery offense in Nassau County, Clay County and St. Johns County.