Florida Assault Laws
(1) 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 which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
For a recent Florida aggravated assault case, read this Tampa Criminal Lawyer Blog.
Jacksonville Battery Laws
(1)(a) The offense 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.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) 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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
Florida battery charges are usually misdemeanor charges unless it falls under Section 784.03(2) above. Battery can also be a felony criminal offense if it is aggravated. Jacksonville aggravated battery is listed in Florida Statute Section 784.045, which states:
(1)(a) A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
(b) A person commits 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.
(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If you have been arrested for assault or battery in Duval, Clay, Nassau, or St. Johns County, call a Jacksonville criminal lawyer from 20 Miles Law at (904) 564-2525. A Jacksonville criminal attorney will talk to you about the law, your criminal charges, and possible defenses. You may have used self-defense in Jacksonville. Your case may fall under Florida’s stand your ground law.
Erase a Florida Criminal Record
Even after your cases is closed, you may still have a criminal record that shows up on a background check. Do you want to Clear a Jacksonville Battery Charge from Florida Criminal Record? Do you want to seal or expunge your Florida record, due to an assault arrest? Contact a Jacksonville Record Seal Lawyer for help sealing or expunging your Florida record. Call a Jacksonville lawyer with experience with record seals and expunctions at (904) 564-2525.