Assault And Simple Battery
Assault and simple battery are two separate offenses that are often charged together. Assault essentially involves the threat of physical force against someone, causing them to fear harm. Battery is physical contact without a person’s consent. Both federal and Florida law include heavy fines and severe criminal penalties, including possible 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, assault and simple battery offenses by both federal and state authorities. His experience and knowledge serve as an invaluable asset to his clients.
To arrange a free and confidential consultation with respect to any federal or state assault and simple battery offenses, contact our office at (305) 330-3905. For complete details about Mr. Petruzzi’s background, expertise and experience, click here.
Federal assault and simple battery offenses are investigated and prosecuted by various agencies, including the FBI, Secret Service and the Department of Justice. Some common federal statutes criminalizing assault and simple 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 five years, or both.
Florida assault and simple battery offenses are investigated and prosecuted by various state and local law enforcement agencies. Some common Florida statutes criminalizing assault and simple battery include:
(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 that creates a well-founded fear in such other person that such violence is imminent.
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.
2. Intentionally causes bodily harm to another person.
(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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