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The crime of Battery may be defined as either a misdemeanor or a felony, depending
upon the special circumstances surrounding your arrest. A so-called "simple battery" as defined by Florida Law is an actual and intentional touching of another person
against their will which may result in injury. A simple battery is a misdemeanor
of the first degree, meaning that it is punishable by up to one year in the
County Jail, or one year probation, and up to $1,000.00 fine. If you have previously
been convicted of battery two or more times before, or great bodily harm results
from the battery, you may be charged with the crime of "felony battery". As a felony, the Court may sentence you up to five years in prison, or five
years probation, and up to a $5,000.00 fine. You may also be required to pay
the victim's medical bills and lost wages resulting directly or indirectly
from the battery. Certain aggravating circumstances surrounding the battery
may increase the degree of the offense to felony aggravated battery and therefore
enhance the penalties you may face. These aggravating circumstances include
battery on a pregnant woman, battery on a law enforcement officer, battery
on a senior citizen, battery resulting in permanent disability or disfigurement,
or battery with a deadly weapon or an automobile. Upon conviction under these situations, the charge could subject you to minimum
mandatory sentencing.
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