Legal Question in Criminal Law in Florida

simple misdameanor battery

(1)What would the maxium sentence would be brought on a 19 year old if convicted of a battery. This would be his first offence.

(2) What woyld be the difference of aggravated battery and simple battery.

(3) If another person or persons were at the place at the time that the offence took place, could they be charged as well, if they did not do anything to stop the assault And it could be proven thaaat the assault was going to take place?

(4) Could this attacker be a civil servant if convicted of this offence?Eg. Firefighter


Asked on 12/20/99, 1:01 pm

1 Answer from Attorneys

Steven Casanova Steven G. Casanova, P.A.

Re: simple misdameanor battery

Simple battery is a first degree misdemeanor, punishable of up to $1000 fine and/or one year in jail. Typically, a first time offender gets probation, an anger management class, and a fine plus court costs.

Aggravated battery means that a weapon was used, or the victim was over 65 years of age, or that the victim was hurt really bad.

Others standing around do not have a duty to stop the fight, but can be held liable for civil penalties for encouraging, or not comming to the aid of a victim. There are many other very complex senerios associated with this question, your best best is to consult an attorney with these concerns. GOOD LUCK

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Answered on 12/31/99, 10:30 am


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