Miami Assault and Battery Lawyer
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Assault and Battery Laws by Statute
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your rights and Assault and Battery .
784.011 Assault.--
(1) 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.
(2) Whoever commits an assault shall be guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s.
775.083.
History.--s. 5, Feb. 10, 1832; RS 2400; GS 3226; RGS 5059; CGL
7161; s. 1, ch. 70-88; s. 729, ch 71-136; s. 17, ch. 74-383; s. 7,
ch. 75-298; s. 171, ch. 91-224.
Note.--Former s. 784.02.
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.
Note.--Former s. 784.04.
784.03 Battery;
(1)(a) 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.
(b) Except as provided in subsection (2), a person who commits
battery commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
(2) A 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,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
For purposes of this subsection, "conviction" means a
determination of guilt that is the result of a plea or a trial,
regardless of whether adjudication is withheld or a plea of nolo
contendere is entered.
History.--s. 5, Feb. 10, 1832; RS 2401; s. 1, ch. 5135, 1903; GS
3227; RGS 5060; CGL 7162; s. 2, ch. 70-88; s. 730, ch. 71-136; s.
19, ch. 74-383; s. 9, ch. 75-298; s. 172, ch. 91-224; s. 5, ch.
96-392; s. 4, ch. 2001-50.
784.047 Penalties for violating protective injunction against
violators.--A person who willfully violates an injunction for
protection against repeat violence, sexual violence, or dating
violence, issued pursuant to s. 784.046, or a foreign protection
order accorded full faith and credit pursuant to s. 741.315 by:
(1) Refusing to vacate the dwelling that the parties share;
(2) Going to the petitioner's residence, school, place of
employment, or a specified place frequented regularly by the
petitioner and any named family or household member;
(3) Committing an act of repeat violence, sexual violence, or
dating violence against the petitioner;
(4) Committing any other violation of the injunction through an
intentional unlawful threat, word, or act to do violence to the
petitioner; or
(5) Telephoning, contacting, or otherwise communicating with the
petitioner directly or indirectly, unless the injunction
specifically allows indirect contact through a third party;
commits a misdemeanor of the first degree, punishable as provided
in s. 775.082 or s. 775.083.
History.--s. 7, ch. 95-195; s. 9, ch. 97-155; s. 22, ch. 2002-55;
s. 2, ch. 2004-17.
784.041 Felony battery.--
(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 person who commits felony battery 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.
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.
784.07 Assault or battery of law enforcement officers,
firefighters, emergency medical care providers, public transit
employees or agents, or other specified officers; reclassification
of offenses; minimum sentences.--
(1) As used in this section, the term:
(a) "Law enforcement officer" includes a law enforcement officer,
a correctional officer, a correctional probation officer, a
part-time law enforcement officer, a part-time correctional
officer, an auxiliary law enforcement officer, and an auxiliary
correctional officer, as those terms are respectively defined in
s. 943.10, and any county probation officer; employee or agent of
the Department of Corrections who supervises or provides services
to inmates; officer of the Parole Commission; and law enforcement
personnel of the Fish and Wildlife Conservation Commission, the
Department of Environmental Protection, or the Department of Law
Enforcement.
(b) "Firefighter" means any person employed by any public
employer of this state whose duty it is to extinguish fires; to
protect life or property; or to enforce municipal, county, and
state fire prevention codes, as well as any law pertaining to the
prevention and control of fires.
(c) "Emergency medical care provider" means an ambulance driver,
emergency medical technician, paramedic, registered nurse,
physician as defined in s. 401.23, medical director as defined in
s. 401.23, or any person authorized by an emergency medical
service licensed under chapter 401 who is engaged in the
performance of his or her duties. The term "emergency medical care
provider" also includes physicians, employees, agents, or
volunteers of hospitals as defined in chapter 395, who are
employed, under contract, or otherwise authorized by a hospital to
perform duties directly associated with the care and treatment
rendered by the hospital's emergency department or the security
thereof.
(d) "Public transit employees or agents" means bus operators,
train operators, revenue collectors, security personnel, equipment
maintenance personnel, or field supervisors, who are employees or
agents of a transit agency as described in s. 812.015(1)(l).
(2) Whenever any person is charged with knowingly committing an
assault or battery upon a law enforcement officer, a firefighter,
an emergency medical care provider, a traffic accident
investigation officer as described in s. 316.640, a traffic
infraction enforcement officer as described in s. 316.640, a
parking enforcement specialist as defined in s. 316.640, or a
security officer employed by the board of trustees of a community
college, while the officer, firefighter, emergency medical care
provider, intake officer, traffic accident investigation officer,
traffic infraction enforcement officer, parking enforcement
specialist, public transit employee or agent, or security officer
is engaged in the lawful performance of his or her duties, the
offense for which the person is charged shall be reclassified as
follows:
(a) In the case of assault, from a misdemeanor of the second
degree to a misdemeanor of the first degree.
(b) In the case of battery, from a misdemeanor of the first
degree to a felony of the third degree.
(c) In the case of aggravated assault, from a felony of the third
degree to a felony of the second degree. Notwithstanding any other
provision of law, any person convicted of aggravated assault upon
a law enforcement officer shall be sentenced to a minimum term of
imprisonment of 3 years.
(d) In the case of aggravated battery, from a felony of the
second degree to a felony of the first degree. Notwithstanding any
other provision of law, any person convicted of aggravated battery
of a law enforcement officer shall be sentenced to a minimum term
of imprisonment of 5 years.
(3) Any person who is convicted of a battery under paragraph
(2)(b) and, during the commission of the offense, such person
possessed:
(a) A "firearm" or "destructive device" as those terms are
defined in s. 790.001, shall be sentenced to a minimum term of
imprisonment of 3 years.
(b) A semiautomatic firearm and its high-capacity detachable box
magazine, as defined in s. 775.087(3), or a machine gun as defined
in s. 790.001, shall be sentenced to a minimum term of
imprisonment of 8 years.
Notwithstanding s. 948.01, adjudication of guilt or imposition of
sentence shall not be suspended, deferred, or withheld, and the
defendant is not eligible for statutory gain-time under s. 944.275
or any form of discretionary early release, other than pardon or
executive clemency, or conditional medical release under s.
947.149, prior to serving the minimum sentence.
784.07 Assault or battery of law enforcement officers,
firefighters, emergency medical care providers, public transit
employees or agents, or other specified officers; reclassification
of offenses; minimum sentences.--
(1) As used in this section, the term:
(a) "Law enforcement officer" includes a law enforcement officer,
a correctional officer, a correctional probation officer, a
part-time law enforcement officer, a part-time correctional
officer, an auxiliary law enforcement officer, and an auxiliary
correctional officer, as those terms are respectively defined in
s. 943.10, and any county probation officer; employee or agent of
the Department of Corrections who supervises or provides services
to inmates; officer of the Parole Commission; and law enforcement
personnel of the Fish and Wildlife Conservation Commission, the
Department of Environmental Protection, or the Department of Law
Enforcement.
(b) "Firefighter" means any person employed by any public
employer of this state whose duty it is to extinguish fires; to
protect life or property; or to enforce municipal, county, and
state fire prevention codes, as well as any law pertaining to the
prevention and control of fires.
(c) "Emergency medical care provider" means an ambulance driver,
emergency medical technician, paramedic, registered nurse,
physician as defined in s. 401.23, medical director as defined in
s. 401.23, or any person authorized by an emergency medical
service licensed under chapter 401 who is engaged in the
performance of his or her duties. The term "emergency medical care
provider" also includes physicians, employees, agents, or
volunteers of hospitals as defined in chapter 395, who are
employed, under contract, or otherwise authorized by a hospital to
perform duties directly associated with the care and treatment
rendered by the hospital's emergency department or the security
thereof.
(d) "Public transit employees or agents" means bus operators,
train operators, revenue collectors, security personnel, equipment
maintenance personnel, or field supervisors, who are employees or
agents of a transit agency as described in s. 812.015(1)(l).
(2) Whenever any person is charged with knowingly committing an
assault or battery upon a law enforcement officer, a firefighter,
an emergency medical care provider, a traffic accident
investigation officer as described in s. 316.640, a traffic
infraction enforcement officer as described in s. 316.640, a
parking enforcement specialist as defined in s. 316.640, or a
security officer employed by the board of trustees of a community
college, while the officer, firefighter, emergency medical care
provider, intake officer, traffic accident investigation officer,
traffic infraction enforcement officer, parking enforcement
specialist, public transit employee or agent, or security officer
is engaged in the lawful performance of his or her duties, the
offense for which the person is charged shall be reclassified as
follows:
(a) In the case of assault, from a misdemeanor of the second
degree to a misdemeanor of the first degree.
(b) In the case of battery, from a misdemeanor of the first
degree to a felony of the third degree.
(c) In the case of aggravated assault, from a felony of the third
degree to a felony of the second degree. Notwithstanding any other
provision of law, any person convicted of aggravated assault upon
a law enforcement officer shall be sentenced to a minimum term of
imprisonment of 3 years.
(d) In the case of aggravated battery, from a felony of the
second degree to a felony of the first degree. Notwithstanding any
other provision of law, any person convicted of aggravated battery
of a law enforcement officer shall be sentenced to a minimum term
of imprisonment of 5 years.
(3) Any person who is convicted of a battery under paragraph
(2)(b) and, during the commission of the offense, such person
possessed:
(a) A "firearm" or "destructive device" as those terms are
defined in s. 790.001, shall be sentenced to a minimum term of
imprisonment of 3 years.
(b) A semiautomatic firearm and its high-capacity detachable box
magazine, as defined in s. 775.087(3), or a machine gun as defined
in s. 790.001, shall be sentenced to a minimum term of
imprisonment of 8 years.
Notwithstanding s. 948.01, adjudication of guilt or imposition of
sentence shall not be suspended, deferred, or withheld, and the
defendant is not eligible for statutory gain-time under s. 944.275
or any form of discretionary early release, other than pardon or
executive clemency, or conditional medical release under s.
947.149, prior to serving the minimum sentence.
This information is for example only and should not be
considered legal advice. For the most current law or for more
information please search the state of Florida website or
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