Articles Posted in Assault and Battery

Recently in Colorado, a viral video captured parents engaging in a brawl by choking, shoving, and throwing punches at each other. The viral video depicts an adult choking another, followed by several others rushing toward the fence where the initial conflict began. All of this occurred at an elementary school among 7-year-old children participating in a youth baseball game. The fights are alleged to stem from a call made by the umpire who is only 13 years of age. This brawl resulted in several injuries, citations for disorderly conduct and fighting in public, and ongoing investigations for several parents involved.

In Florida, a brawl of this nature is likely to lead to battery charges. Florida law defines battery as actually and intentionally touching or striking another person against their will or intentionally causing bodily harm to another person. A battery charge is a misdemeanor of the first-degree and a person convicted of such charge can be sentenced up to one-year imprisonment and imposed fines. If a parent involved in a brawl as portrayed in the video has prior battery or aggravated battery convictions, the battery charge can be increased to a felony battery. Felony battery is a third-degree crime. Conviction of such a crime can result in up to five years imprisonment and imposed fines.

In addition to the battery, a person participating in a brawl at a sporting event may receive assault or disorderly conduct charges. Assault is defined by Florida law as an intentional, unlawful threat by word or act to do violence to the person of another, with the apparent ability to do so, and creates a well-founded fear in such other person that violence is imminent. Disorderly conduct is defined by Florida law as acts that corrupt public morals, outrage the sense of public decency, or affect the peace and quiet of persons who may witness them or engage in brawling or fighting. A conviction of assault or disorderly conduct is considered second-degree misdemeanors which can carry up to sixty days in jail and fines.

I was arrested for battery after an altercation I was involved in and assumed I would be charged with a misdemeanor offense but later learned that I was charged with felony battery. What are the different types of battery and why was I charged with a more serious offense than I initially thought I would be facing?

Under Florida law, there are several different types of battery charges. Battery is defined under Florida law as actually and intentionally touching or striking another person against their will or intentionally causing bodily harm to another person. Battery is a first-degree misdemeanor punishable by up to one year imprisonment and fines.

Battery charges can be elevated to felony battery if the accused person already has a prior conviction for battery, aggravated battery, or felony battery. Generally, a prior offense is only considered a conviction if the defendant was adjudicated guilty of that offense, but under the Florida felony battery statute, any determination of guilt that is the result of a plea agreement or trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered, will be considered a conviction. Felony battery is a third-degree felony punishable by up to five years of incarceration and fines. With the increase in severity of the charge from a misdemeanor to a felony, the accused will also face losing constitutional rights upon a conviction, a greater possibility the alleged crime will interfere with current or future employment, and the more negative stigma often associated with felonies.