Assault or Battery
Assault or Battery are two separate and distinct crimes.
Assault – is an intentional, unlawful threat by word or act to do violence to the person of another, 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 and is punishable up to 60 days in jail.
Aggravated Assault – involves an incident where an individual uses an object as a deadly weapon without intent to kill and is punishable up to 5 years in prison.
Battery – occurs when a person actually and intentionally touches or strikes another person against his or her will, or intentionally causes bodily harm to another person and is punishable up to 1 year in jail.
Felony Battery – is a battery that causes great bodily harm, permanent disability, or permanent disfigurement, and is a 3rd degree felony punishable up to 5 years in prison.
Aggravated Battery – is committed if:
- A person intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement. Or
- Uses a deadly weapon. Or
- The alleged victim of battery is pregnant and the offender knew or should have known of the pregnancy.
Aggravated Battery is a 2nd degree felony punishable up to 15 years in prison.
In the State of Florida the State Attorney does not have to abide by the alleged victim’s wishes to dismiss a case. If the alleged victim does not want to prosecute the State may still try to proceed forward without a victim.
If an assault or battery is committed on the following classes of people the penalties are enhanced:
- Law enforcement officers
- Emergency Medical providers
- An individual over the age of 65.
- A pregnant woman.
- Disabled person.
If a firearm is used in the commission of an assault or battery there may be mandatory minimum prison sentences.
Florida is a 10/20/Life State.
- If a firearm is used in the commission of a crime there is a 10 year minimum mandatory sentence.
- If a firearm is discharged in the commission of a crime there is a 20 year minimum mandatory sentence .
- If a firearm is discharged and great bodily harm was inflicted a 25 year minimum mandatory up to a possible life in prison sentence.
Domestic Violence Injunction
Petitioner – is the one who seeks an injunction against another.
Respondent – is the one that the injunction is against.
If a judge has granted a petitioner’s request for an injunction. The injunction may be violated if:
- An individual refuses to vacate the dwelling that the parties share.
- Going to the petitioner’s residence, school, or place of employment.
- Committing an act of repeat violence.
- Threat by word or act to do violence to the petitioner.
- Telephoning or contacting petitioner by any means (email, letters) either directly or indirectly by a third party.
Stalking is when a person willfully, maliciously, and repeatedly follows, harasses or cyberstalks another person.
Stalking may be in the form of:
- Electronic Communication
- Or any other physical or verbal conduct that serves no legitimate purpose.
Stalking may be classified as aggravated and punishable as a 3rd degree felony, if:
- After a court ordered injunction is in effect a respondent stalks the petitioner.
- The alleged stalking was committed against a minor under 16 years of age.
- The alleged stalking threat places the person in reasonable fear of death or bodily injury.
The alleged stalking threat places the person in reasonable fear of death or bodily injury.