What Is Assault?
Assault is the intentional threat one person makes toward another.
This threat poses the fear of harm in the victim. However, there is no physical contact made between the two parties. The punishment is determined by the type of assault charged.
The claims of another can put your future at risk. Accusations of assault, battery, stalking and the violation of an injunction are not to be taken lightly. Expert proof and the skill of an experienced criminal justice attorney are necessary to get you the fair trial you deserve.
And, in today’s political and societal climate, taking on controversial cases, including assault or battery on a law enforcement officer, you need a criminal justice attorney who will approach your case with a big picture view.
Are You In Need Of A Criminal Justice Attorney In Tampa?
At McCulloch Law P.A. we take on the worst time of your life and get the best possible outcome. Our criminal justice attorney offers premier representation to take the guesswork out of the oftentimes-convoluted law system and streamlines the process for you. Contact our team today to learn more about what we can do for you.
The Consequences Of Assault On A Law Enforcement Officer
Assault on a law enforcement officer while they are performing their lawful duty is a serious matter that can lead to more charges. This is a second-degree misdemeanor that can result in up to 60 days of jail time and a $500 fine or first-degree misdemeanor with up to one year and jail and a $1,000 fine. If the situation was deemed serious enough, it can even go to trial as a felony.
The Consequences Of Assault On A Person 65 Years Or Older
You do not need to know that a person is 65 years or older to be charged with assault on them. Assault is still defined as making a plausible threat that instills fear. This type of assault is punishable by up to one year in jail.
What Is Aggravated Assault?
Florida law defines aggravated assault as the intentional threat against another while in possession of a deadly weapon or in the commission of a felony. This creates reasonable fear that harm is imminent in the victim. Aggravated assault is a third-degree felony, as compared to simple assault, which is a second-degree misdemeanor.
The Consequences Of Aggravated Assault On A Law Enforcement Officer
Aggravated assault is an even bigger issue than assault on a law enforcement officer. The use of force can garner a third-degree felony with a 5 year prison maximum and a $5,000 fine, while a second-degree felony warrants up to 15 years in prison and a $10,000 fine.
The Consequences Of Assault On A Person 65 Years Or Older
You do not need to know that a person 65 years or older to be charged with assault on them. Assault is still defined as making a plausible threat that instills fear. This type of assault is punishable by up to one year in jail.
What Is Battery?
In the state of Florida, battery is when the defendant makes physical contact with the victim. The prosecutor must prove form of contact was done against the will of the victim. There are varying levels of severity for battery, including simple battery and felony battery. Punishment depends on the type of battery being charged.
The Consequences Of Battery On A Law Enforcement Officer
In Florida, battery on a law enforcement officer is punishable up to five years in prison, five years on probation, and a $5,000 fine. Battery on a law enforcement officer is defined as when a defendant knowingly and intentionally strikes the officer while the officer was engaged in their lawful duties.
A law enforcement officer may be characterized as a:
- Police officer
- Correctional officer
- Traffic enforcement
- Probation officer
- Federal law enforcement officer
- And more
The Consequences Of Battery On A Person 65 Years Or Older
Battery on the elderly, meaning age 65 or older, is the use of force against their will, causing bodily harm. The touch is typically defined as a strike and is punishable by up to five years in prison.
The Consequences Of Battery On A Facility Employee
Battery on a facility employee includes using force or violence, throwing, tossing, or expelling fluids or materials onto said person. In this use, “facility” refers to a state correctional institution. This crime can be charged as a third-degree felony and is punishable up to five years in prison and a $5,000 fine.
What Is Aggravated Battery?
In Florida, aggravated battery is the act of intentional touching of another with the intent to harm or use a deadly weapon. Aggravated battery is defined as a second-degree felony and can land the defendant in prison for upward of 15 years, depending on the severity of the charge.
The Consequences Of Aggravated Battery On A Law Enforcement Officer
Tensions can run high in correctional facilities, but aggravated battery on a law enforcement officer can land you in jail for up 15 years with a $10,000 fine as a second-degree felony. If it’s deemed a first-degree felony, you’re looking at up to 30 years in prison and a $10,000 fine.
The Consequences Of Aggravated Battery On A Person 65 Years Or Older
Aggravated battery on a person 65 years or older is characterized as intentionally striking an elderly person, knowingly causing harm, permanent disability, or disfigurement while using a deadly weapon. The accused runs the risk of a 3-year minimum mandatory prison sentence that can max out at 30 years with a $10,000 fine, 500 community service hours, and restitution to the victim.
The Consequences Of Aggravated Battery On A Pregnant Victim
The lines of aggravated battery on a pregnant victim are very fine. This unique situation can land you in jail for over a year for simply grabbing a pregnant woman against her will. Depending on the action at hand, this is seen as a second-degree felony that’s punishable by 15 years in prison, plus 15 years of probation and $10,000 in fines.
What Is Felony Battery?
Intentionally causing bodily harm via touching or striking, without the consent of the victim, is a third-degree felony in the state of Florida as felony battery. The defendant must prove that the act was intentional, as well as the fact that it caused bodily harm, including disability or disfigurement.
What Is Domestic Battery By Strangulation?
Florida Statue 784.041(2) states that domestic battery by strangulation is the intentional and knowing hampering of another’s breathing or blood circulation. The victim could be a family member, household member, or significant other and is done via pressure on the neck, throat, or blocking the airways. This accusation is not taken lightly and requires the assistance of an experienced lawyer to walk you through the precarious path of the legal system.
What Is Stalking?
Stalking is the repeated harassment of a victim. It’s defined by Florida law as a pattern of behavior that goes beyond following someone and includes the creation of credible threat for harm. The charges of stalking depend on the severity and the intent of the ongoing act.
The Consequences Of Aggravated Stalking
Aggravated stalking is an escalated form of stalking that can include placing reasonable fear of death, harassment of a minor, as well as willful and malicious harassment. This is a third-degree felony that can result in up to five years in prison, probation, and thousands of dollars in fines.
What Happens When An Injunction Is Entered?
An injunction is a petition asking the court for protection against violence. This is a part of the civil court process rather than the criminal and requires the person in question to keep a specific amount of distance from the victim. With an injunction answered, the inability to purchase a firearm, restriction of living in a shared residence, stripping of professional licenses, and more may be impacted.
The Consequences Of Stalking A Victim Under 16
Stalking a minor under the age of 16 is a serious offense that is classified as aggravated stalking. This can result in up to five years in prison, thousands of dollars in fines, and five years probation. This is ranked at a six under Florida’s Criminal Punishment Code.
Defendant Previously Sentenced To Sex Offense & Prohibited From Contacting Victim
In order to convict a person on aggravated stalking, the court must prove the accused was previously sentenced to a sex offense and was prohibited to have contact with the victim, as well as the fact that they went against this order and willfully, maliciously, and repeatedly stalked the defendant. This is a violation of the injunction and can result in more severe punishment.
What Is Culpable Negligence?
Culpable negligence is acting recklessly and without caution, putting another at risk. This form of negligence can cover an array of situations, including the lack of care for a child or disregard for public safety. Depending on the severity of the incident and the accused’s criminal record, the final charge can range from a first-degree misdemeanor to a third-degree felony.
What Is Extortion?
According to the Florida Statue 836.05, extortion is when a person threatens to accuse another of a crime, injure another, their property, or their reputation, or expose them to disgrace in order to obtain money or compel the person to do something against their will.
Extortion is a second-degree felony in the state of Florida and can be punishable by up to 15 years in prison, plus probation and a $10,000 fine.
Violations Of Condition Of Pretrial Release
When domestic violence is at play, the alleged offender is held in custody until trial in the state of Florida. This pretrial condition is in place to allow for due process to take place while the alleged victim can be safe. Should the accused violate any of the terms set in place, they may have their bond revoked and new charges made against them.
What Is Sexual Cyberharassment?
Sexual cyberharassment is a particularly new problem that has required the legal system to take action. Defined as the consensual posting of sexually explicit images of another person online, along with identifying personal information, sexual cyberharassment is a first-degree misdemeanor.
This is punishable by a year in prison and $1,000 in fines. However, should the situation be deemed damage enough, the accused may be sentenced to up to five years in prison, five years probation, $5,000 in fines, and sixty days of vehicle impoundment.
What Is A Violation Of An Injunction?
An injunction is a court order that puts a restriction on contact and communication between the accused and the accuser. If the terms of the injunction are violated as a first-degree misdemeanor, the accused subjects themselves to up to one year in jail and heavy fines.
Violation Of A Domestic Violence Injunction
In Florida, domestic violence accusations are taken seriously. Should a domestic violence injunction be violated, the state must prove that there was a temporary or final injunction placed and that the accused knowingly violated the terms. A proven violation can mean a year in jail and a $1,000 fine.
Violation Of A Repeat Sexual Or Dating Violence Injunction
If two or more acts of sexual or dating violence have been committed against a person, they have the right to file an injunction to protect themselves from the accused. A violation can include the accused reaching out to the victim for communication, contacting them at home, at work, or in frequented public spot, harassment in any form, and more.
Violation Of A Stalking/Cyberstalking Injunction
An injunction is done in a civil court setting. If the accused attempts contact with the petitioner and the clerk is made aware, the accused can be subjected to more charges and fines, plus jail time.
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