Battery can be a misdemeanor (simple battery) or a much more severe case is aggravated battery. This has more harsh consequences. A simple battery charge can carry penalties of up to 1 year in jail or 1 year of probation — along with fines up to $1,000! Injury isn’t required for a battery charge to be levied against a person.
In fact, touching isn’t necessary to be charged with battery in the state of Florida at all; a purse being snatched or an object thrown at another person is enough to be considered battery. This is not at all a charge to be taken lightly! If you have a history of battery with any prior criminal convictions, you could possibly face felony charges.
A person’s past history of violence, run-ins with the law, and the relationship between the defendant/victim will all be assessed when the penalty is decided. Aggravated battery involves intent of great bodily harm, use of a deadly weapon, or battering of a pregnant person. Aggravated battery carries penalties of up to 15 years in jail or 15 years’ probation, with fines up to $10,000!
The levels of seriousness of the charges are Assault –> Battery –> Aggravated Assault –> Aggregated Battery. Being charged with battery is a serious charge – one that needs an attorney to help argue the defendants case.
The testimony of the alleged victim isn’t always needed to be charged with battery. If an eye witness sees a person be hit as they back away and cry, battery can be charged. If 911 is called and the caller tells who hit them, and when the police arrive and see a red mark left by the hit – battery can be charged. Even if the victim wants to drop the charges, the state can arrest the defendant and build a case around what they believe occurred during the incident!
We are attorneys in Lake City, FL