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What is the difference between Aggravated Battery w/ Weapon & Aggavated Assault w/ Weapon in FL (both have different maximums) ?

Tallahassee, FL |

From my knowledge now, Aggavated Battery w/ weapon is a 2nd degree felony punishable by up to 15 yrs, while Aggravated Assault w/ weapon is a 3rd degree felony punishable by up to 5 yrs, I may be wrong but I thought BOTH of these charges are the same, both inflicting/ causing intentional bodily harm ??

Attorney Answers 3

Posted

You are partially right.

Battery is making contact with someone. Assault is creating fear in someone.

Here is the Florida Supreme Court promulgated jury instruction:

8.2 AGGRAVATED ASSAULT § 784.021, Fla.Stat.

To prove the crime of Aggravated Assault, the State must prove the following four elements beyond a reasonable doubt. The first three elements define assault.

1. (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).

2. At the time, (defendant) appeared to have the ability to carry out the threat.

3. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place.

4. The assault was made with a deadly weapon.

A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm.

Contrast that with the jury instruction for aggravated battery:

8.4 AGGRAVATED BATTERY § 784.045, Fla. Stat.

To prove the crime of Aggravated Battery, the State must prove the following two elements beyond a reasonable doubt. The first element is a definition of battery.

1. (Defendant)

[intentionally touched or struck (victim) against [his] [her] will].
[intentionally caused bodily harm to (victim)].

Give 2a or 2b as applicable.
2. (Defendant) in committing the battery

a. intentionally or knowingly caused

[great bodily harm to (victim)].
[permanent disability to (victim)].
[permanent disfigurement to (victim)].

b. used a deadly weapon.

A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.

I hope that cleared things up for you.

Sincerely,

James Regan, LL.M, Esq.
http://www.defendme.net

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.

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Posted

Ahh Thankyou a lot of people mix these too, now I understand, Thankyou :)

Asker

Posted

Two*

James Regan

James Regan

Posted

You are very welcome!

Posted

Aggravated Battery with a Weapon means that someone has actually been touched by the weapon or the projectile from the weapon.

Aggravate Assault with a Weapon means that someone has been threatened with imminent bodily harm while the perpetrator had a weapon.

They are different charges. A person can be charged with both if a threat is made and then carried out by saying hitting someone with a bat.

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Posted

This is a Good answer Thankyou

Posted

An assault with a weapon is when you threaten to strike someone with a weapon.

An attempted battery with a weapon is when you attempt to strike someone with a weapon.

A battery is when you actually strike someone with a weapon.

Each is progressively more serious of a crime than the next. Add in the weapon and you have your answer.

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