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What is 784.03-1a1 - BATTERY TOUCH OR STRIKE felony misdameanor what kind of offense is this in okaloosa county fl

Crestview, FL |

brother in-laws charge

Attorney Answers 3

  1. It means he is charged with a misdemeanor battery unless he has a prior. Here is the statuary text:

    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. | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.

  2. It is the same offense in every county, a misdemeanor battery. First degree misdemeanors carry a potential one year in the county jail in Florida.

    R. Jason de Groot, Esq., 386-337-8239

  3. I agree misdemeanor of the first degree. Facts that can make battery a felony include pregnant victim, law enforcement victim, child victim, serious bodily injury or prior convictions.

    The answer provided is general advice and in no way should be interpreted as to constitute an attorney/client relationship. You should always speak to an attorney in person and in depth prior to taking any action in a legal matter.