ASSAULT, BATTERY, FELONY BATTERY, BATTERY ON THE ELDERLY AND BATTERY ON SPECIFIED VICTIM

Assault and battery charges usually follow an argument or discussion that escalated. More often than not, battery charges are related to domestic violence incidents. Other times, they stem from discussions and arguments at nightclubs or sporting events. In incidents of domestic violence, the man in the relationship gets arrested despite evidence to the contrary or against the victim’s wishes. At other times, the winner of the fight gets arrested because he or she shows no injuries. In any event, assault and battery charges need to be addressed by competent and aggressive representation.  Below are brief descriptions of the different battery charges you may be facing.

At the Law Office of Erick Cruz we are dedicated to representing individuals under criminal investigation or who have been arrested and charged with a crime. Because our office’s exclusive practice focuses on criminal defense, Erick Cruz has established and maintains a positive working relationship with other defense attorneys, prosecutors and criminal court judges. The exclusive focus on criminal defense allows us to dedicate the time and resources necessary to represent you through a criminal investigation, criminal prosecution or post-conviction matters.

Call our office to discuss your case with Erick Cruz and find out how to get your case dismissed or charge and sentence reduced and arrest record sealed or expunged.

ASSAULT 

Although frequently used in a single phrase and perhaps often thought of as a single offense, the terms “assault” and “battery” refer to separate offenses. However, it is not unusual that the two offenses may be committed almost simultaneously. 

An “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 that creates a well-founded fear in such other person that such violence is imminent.  Accordingly, the statute requires proof of three elements: (1) an intentional, unlawful threat; (2) an apparent ability to carry it out; and (3) creation of a well-founded fear that the violence is imminent.  A person found guilty of committing an assault can be punished by up to 60 days in jail. 

BATTERY

The word “battery” refers to the touching or striking of another person.  The crime of battery occurs when a person: (1) actually and intentionally touches or strikes another person against the will of the other; or (2) intentionally causes bodily harm to another person.  There are two distinct definitions of the offense of battery. The first definition involves the actual and intentional touching of another against his or her will, and the second involves the intentional causing of bodily harm.  In other words, battery can be committed either by intentionally touching or striking another or by causing bodily harm to another.  A person who commits battery commits a misdemeanor of the first degree, punishable by up to a year in jail.

FELONY BATTERY

A person commits felony battery if he or she: (a) actually and intentionally touches or strikes another person against the will of the other; and (b) causes great bodily harm, permanent disability, or permanent disfigurement. The key distinction between and misdemeanor battery and felony battery is the degree of harm suffered by the victim. Accordingly, even a slight push or shove that results in the victim sustaining great bodily harm, permanent disability or permanent disfigurement may result in a charge of felony battery. Furthermore, there is no requirement that the person actually intended to cause great bodily harm, permanent disability or permanent disfigurement for a felony battery conviction to stand. Felony battery is a third degree felony punishable by up to five years in prison. Similarly, a person who has one prior conviction for battery, aggravated battery, or felony battery and who commits a second or subsequent battery commits a felony of the third degree, punishable by up to five years in prison.  

 BATTERY ON THE ELDERLY

 A person 65 years or older is considered a special victim and crimes committed against them are subject to enhanced penalties. The enhanced penalties apply regardless of whether the defendant knows or has reason to know the age of the victim. Essentially, what the enhancements do is that they increase the severity of degree of the crime. For example, for person accused of committing battery on the elderly, the offense level increases to a third degree felony punishable by up to five years in prison. In the case of an aggravated assault or aggravated battery on an elderly victim, the crime requires imposition of a three-year minimum mandatory prison sentence. Additionally, a judge is prevented from withholding adjudication and must enter a conviction.

BATTERY ON SPECIFIED VICTIM

Florida law provides for enhanced penalties for people who commit a battery on a list of people who the legislature has determined merit enhanced protection. In cases where a crime of battery is committed against any of the following specified victims, the law creates enhanced penalties that increase the degree of the crime by one level. For example, a person accused of committing a battery on a specified victim will face a third-degree felony. Similarly a person who commits an aggravated assault will face a second-degree felony and a person who commits an aggravated battery will face a first-degree felony. The list of specified victims is comprehensive and includes, but is not limited to: sport officials, elected officials, school employees, Department of Children and Families and Department of Health investigators, code enforcement officials and corrections officers.

CALL FOR MORE INFORMATION

(305) 444-3844