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The Law Office of Chris Beardslee

Assault and Battery

Battery is a serious criminal offense often arising from heated arguments, alcohol-fueled fights or from the act of defending oneself, another or property. If you have been charged with this crime, there is much that a knowledgeable attorney can do to get your charges dismissed or alleviate the penalties. People commonly confuse the terms “assault” and “battery.” Assault refers to acts that threaten physical violence. Battery is actually striking a person — a punch, a shove, a thrown object. There are multiple varieties of battery, including simple battery, felony battery, aggravated battery and sexual battery.

What is Simple Battery?

Simple battery is a first-degree misdemeanor. It becomes felony battery on a second offense, if there is serious bodily harm (e.g., a broken nose) or if the battery involved strangulation (strangling someone).

What is Aggravated Battery?

Aggravated battery can be committed in several ways:

  • By intentionally causing great bodily harm
  • By using a deadly weapon
  • By committing battery on a pregnant person

What is Sexual Battery?

Sexual battery is forcible touching or rape

Court-imposed penalties for conviction of battery in Florida include jail (mandatory if there is bodily harm), fines, probation, required counseling and, in domestic violence cases, a permanent criminal record that cannot be sealed.