Aggravated Battery / Aggravated Assault

    

Aggravated Battery / Aggravated Assault 

If you are facing any criminal charge in Florida or are considering how best to help a loved one who has been accused of a crime, it is critical to take this situation seriously. Penalties can be harsh and life-changing, often including mandatory prison time for certain offenses. Our court systems can be intimidating, but you do not have to simply accept whatever consequences come your way. If you are arrested or charged with a crime, contact Florida criminal lawyer immediately. Aggressive and experienced Miami criminal lawyer Joseph Madalon will defend your rights. At South Florida Criminal Defense Law Firm “The Madalon Law Firm”, we work diligently to provide the most aggressive defense possible to preserve our client’s freedom and avoid jail time.    

784.041 Felony battery; domestic battery by strangulation.--

(1)  A person commits felony battery if he or she:

(a)  Actually and intentionally touches or strikes another person against the will of the other; and

(b)  Causes great bodily harm, permanent disability, or permanent disfigurement.

(2)(a)  A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.

(b)  As used in this subsection, the term:

1.  "Family or household member" has the same meaning as in s. 741.28.

2.  "Dating relationship" means a continuing and significant relationship of a romantic or intimate nature.

(3)  A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 1, ch. 97-183; s. 1, ch. 2007-133.

784.045 Aggravated battery.--

(1)(a)  A person commits aggravated battery who, in committing battery:

1.  Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or

2.  Uses a deadly weapon.

(b)  A person commits aggravated battery 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.

(2)  Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 1, ch. 70-63; s. 732, ch. 71-136; s. 20, ch. 74-383; s. 10, ch. 75-298; s. 3, ch. 88-344.

784.021 Aggravated assault.--

(1)  An "aggravated assault" is an assault:

(a)  With a deadly weapon without intent to kill; or

(b)  With an intent to commit a felony.

(2)  Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 2, ch. 3275, 1881; RS 2402; GS 3228; RGS 5061; CGL 7163; s. 1, ch. 29709, 1955; s. 1, ch. 57-345; s. 731, ch. 71-136; s. 18, ch. 74-383; s. 8, ch. 75-298.