Battery

If you have been charged with assault, aggravated assault, battery, or aggravated battery, then the sooner you call an experienced attorney, the better off you will be. Call the Law Office of Terrance R. Rooth, P.A., the first consultation is free, and we can immediately begin building a case in your defense.

In the state of Florida, assault is defined as: “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.” Whoever commits an assault shall be guilty of a misdemeanor of the second degree.

An aggravated assault is an assault with a deadly weapon without intent to kill; or with intent to commit a felony. Whoever commits an aggravated assault shall be guilty of a felony of the third degree.

Per Florida statute 784.03, battery is defined as: “Actually and intentionally touching or striking another person against the will of the other; or intentionally causing bodily harm to another person.” A person who commits battery commits a misdemeanor of the first degree. A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree.

Aggravated battery occurs when a person, in committing battery, intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon.

It is also elevated from battery to aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. Whoever commits aggravated battery shall be guilty of a felony of the second degree.

The above definitions and applied punishments are directly from the Florida state statutes. In other words, an assault or battery conviction will at the least merit misdemeanor charges and penalties, whereas aggravated assault or aggravated battery will result in felony charges and penalties. The essential different between assault and battery is that assault is an implied threat of violence against another person whereas battery is the actual act of violence against another person.

These charges are considered violent crimes and thus carry serious charges and penalties including but not limited to mandatory imprisonment. Criminal defense attorney Terrance R. Rooth has successfully defended dozens of clients with similar charges, and is ready to extend his protection to you. Contact his law office today for more information on how we can fight and defend your assault and battery charges.

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