brother in-laws charge
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.
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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
Criminal Defense Attorney
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.
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