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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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