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14217 3rd Street, Dade City, FL 33523
4812 N. Habana Ave., Suite A, Tampa, FL 33614
1101 Turner St, Clearwater, FL 33756
284 Crystal Grove Blvd, Suite 301, Lutz, FL 33548
5200 Central Ave, St. Petersburg, FL 33707
210 Pierce St, Tampa, FL 33602
101 E. Kennedy Blvd., Suite 1200, Tampa, FL 33602
1718 E 7th Ave, Tampa, FL 33605-4404
PO Box 1624, New Port Richey, FL 34654
3605 W. Azeele St., Tampa, FL 33609
4100 W Kennedy Blvd, Suite 300, Tampa, FL 33609
1005 N. Marion Street, Tampa, FL 33602
1209 Lakeside Drive, Brandon, FL 33510
9303 Seminole Blvd, Suite B, Seminole, FL 33772
11567 Trinity Blvd, New Port Richey, FL 34655
2102 W Cleveland St, Tampa, FL 33606
5118 N 56th St, Suite 212, Tampa, FL 33610
1401 E 22nd Ave., Tampa, FL 33605
4919 Memorial Hwy, Suite 200, PO Box 25018, Tampa, FL 33622
136 4th St N, Suite 2022, St. Petersburg, FL 33701
23554 FL-54, Lutz, FL 33559
PO Box 1768, Valrico, FL 33595-1768
7320 E Fletcher Ave, Tampa, FL 33637
400 N Ashley Dr, Suite 2600, Tampa, FL 33602
540 4th Street North, St. Petersburg, FL 33701
Clearwater Criminal Battery Information
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What Is Criminal Battery?
The crime of battery refers to an incident in which the offender engages in unlawful (and unwanted) harmful or offensive physical contact with the victim. Whether or not the contact needs to be intentional depends on the laws where the offense occurred, as what constitutes battery varies by state and jurisdiction.
What Are Some Types of Criminal Battery?
Criminal battery, or simple battery, is just one form of battery under U.S. federal and state law.
Sexual battery takes place when non-consensual touching, groping or other unwanted and offensive sexual acts are visited upon the victim by the offender. At a nightclub, if a man gropes a woman who is dancing without her consent, he may face charges related to sexual battery if the victim deigns to pursue the matter in court.
Family-violence battery, or domestic violence battery, takes place when a family member — typically a spouse ‚— is violent toward the victim.
Aggravated battery is an escalation of simple battery, and is typically charged when an instance of battery involves a deadly weapon such as a knife or gun, or when the battery results in serious bodily harm as concerns the victim. When a battery takes place against a protected class of persons (as a result of a hate crime, targeting police officers or other public officials, or targets the elderly, the infirm, or a child), aggravated battery charges may also be the end result.
What Is the Difference Between Criminal Assault and Criminal Battery?
The primary difference between criminal assault and criminal battery is that the former does not require that the offender actually made physical contact with the victim, while the latter holds this element as requisite for charges.
To provide an example, a man who threatens (seriously, and with intent) another patron of a football game with violence, making intimidating gestures and who throws an empty bottle at the victim and misses, could be charged with the crime of assault. Had the empty bottle actually struck the victim, the offender could instead be charged with battery.
What Are the Possible Penalties for Criminal Battery?
The penalties for battery range depending on the individual context of the case. If there is a beating or strike involved, or a wound created (bruise, gash, etc.) the maximum sentence is one year from the federal court. If a dangerous weapon is used, the maximum penalty jumps up to 10 years incarceration. Further, if there is an actual intent to commit murder, the maximum penalty is enhanced to 20 years in jail.
State laws vary in their treatment of criminal battery, generally distinguishing between simple battery and aggravated battery. Simple battery typically results in a first degree misdemeanor charge with a maximum sentence of one year in jail as well as a one year probation period. However, in some states, aggravated battery is classified as a second degree felony with a maximum penalty of 15 years imprisonment. This maximum penalty can be accompanied by mandatory minimum sentencing enhancements if a firearm is present during the commission of an offense, and even further enhancements apply if said firearm is discharged or is used to harm another.
How Much Jail Time for Criminal Battery in Florida?
Simple battery typically results in a sentence of up to one year in jail for those found guilty, with most punishments being lessened for first-time offenders. Repeat offenders may see stiffer penalties in response to their convictions. By contrast, aggravated battery is typically categorized as a felony deserving of a sentence ranging from three to six years, or 10 or more years for repeat offenders — or for aggravated battery with one or more sentencing enhancements (as mentioned above) attached.
When faced with criminal battery charges, the best thing to do is contact a criminal battery lawyer as soon as possible. A criminal battery charge can be either a misdemeanor or a felony depending on the state and also what happened. You won’t want to face these charges alone.