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Winter Haven Assault and Battery Defense Lawyer

Chapter 784 of the Florida Statutes deals with and sets forth the crimes of Assault, Battery, Aggravated Assault, Aggravated battery, and Culpable Negligence

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. A person who commits an assault commits a misdemeanor of the second degree (up to 60 days in the county jail). An "aggravated assault" is an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony. Whoever commits an aggravated assault shall be guilty of a felony of the third degree (up to 5 years in Florida State Prison).

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. A person who commits battery commits a misdemeanor of the first degree (up to 1 years in the county jail) unless the 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 (up to 5 years in Florida State Prison). A person commits aggravated battery who, in committing battery: (1) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; (2) Uses a deadly weapon; or (3) 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. Whoever commits aggravated battery shall be guilty of a felony of the second degree (up to 15 years in Florida State Prison)

An assault or battery on law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers causes one charged with any such offense to be subject to a reclassification of the offense, harsher sanctions, and in sometimes minimum mandatory prison sentences that subject a person to a minimum term of imprisonment in Florida State Prison.

Culpable negligence is when a person, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree. If a person, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree. A person who violates the culpable negligence statute by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree (up to 5 years in Florida State Prison).

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