Simple Battery in Florida
If you have been arrested in Florida for battery, your first concern should be whether the battery you are charged with is “simple” or “aggravated”. If the battery is simple, this means that you touched a person against their will without any sort of weapon; that person was not over 65 or pregnant; and the injury, if any, that occurred was not permanent. For example, a simple battery occurs when John Smith punches Bob Jones in the face with his fist and only causes a temporary black eye. The Florida Statute to refer to for simple battery is Florida Statute section 784.03
Aggravated Battery in Florida
If you are arrested in for Aggravated Battery, this means that you touched a person against their will via the use of a deadly weapon or via your own body but also caused permanent disfigurement and injury. An aggravated battery can also be charged if you commit a simple battery on a pregnant woman or person over 65 years old. For example, John Smith uses a baseball bat to strike Bob Jones in the arm. Or, Johns Smith uses his fist to strike Bob Jones in the face which breaks Bob Jones nose which never heals properly. Or, John Smith hits Bob Jones dad who is 70 years old in the stomach with his fist. The Florida statute to refer to for aggravated battery is 784.045.
Penalties for Battery and Aggravated Battery
Another important difference are the penalties. If charged with a simple battery you will be tried in county court where the penalty is that of a first degree misdemeanor and you cannot be sentenced greater than 1 year in jail. If charged with an aggravated battery, you will be tried in circuit court where the penalty is that of a second degree penalty and the maximum sentence can be up to 15 years. Obviously, the two carry quite a different penalty.
How a Miami Criminal Defense Lawyer can help you.
Many times, a person is charged with aggravated battery when in reality the elements of the crime equate only to a simple battery. An experienced criminal defense attorney can properly and effectively defend you if you are improperly charged. If you are charged with battery or aggravated battery it is extremely important to retain an attorney at the initial stages of your case.
Marcia Giordano Hansen, Esq.
Marcia Giordano Hansen is an attorney with close to 20 years of experience specializing in criminal defense and real estate. She is the owner of The Hansen Law Firm P.A. and HLF Real Estate Law. She can be reached via phone at 305-777-0474 or email at mgh@thehansenlawfirm.com. You can learn more about Marcia at www.marciahansenlaw.com or www.thehansenlawfirm.com.
