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Battery

Battery essentially is physical contact without a person’s consent. Both federal and Florida law include heavy fines and severe criminal penalties, including potential mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to life. Mr. Petruzzi has represented numerous individuals charged with, or under investigation for, battery offenses by both federal and state authorities. His experience and knowledge serve as invaluable assets to his clients.

To arrange for a free and confidential consultation with respect to any federal or state battery offense, contact our office at (305) 330-3905.

Federal battery offenses are investigated and prosecuted by various agencies, including the FBI, Secret Service and the Department of Justice. Some common federal statutes criminalizing battery include:

18 USC Sec. 113 –

(a) Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:

(1) Assault with intent to commit murder, by imprisonment for not more than 20 years.

(2) Assault with intent to commit any felony, except murder or a felony under chapter 109A, by a fine under this title or imprisonment for not more than 10 years, or both.

(3) Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by a fine under this title or imprisonment for not more than 10 years, or both.

(4) Assault by striking, beating or wounding, by a fine under this title or imprisonment for not more than six months, or both.

(5) Simple assault, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than one year, or both.

(6) Assault resulting in serious bodily injury, by a fine under this title or imprisonment for not more than 10 years, or both.

(7) Assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 5 years, or both.

Florida battery offenses are investigated and prosecuted by various state and local law enforcement agencies. Some common Florida statutes criminalizing battery include:

784.03 Battery; felony 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.

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