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

Asked over 1 year ago - Crestview, FL

brother in-laws charge

Attorney answers (3)

  1. James Regan


    Contributor Level 20


    Lawyers agree

    Answered . 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.

    http://defendme.net | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M,... more
  2. Robert Jason De Groot


    Contributor Level 20


    Lawyer agrees

    Answered . 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. Andrew Buren Metcalf

    Contributor Level 5


    Lawyer agrees

    Answered . 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... more

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