What is Aggravated Battery, Battery, Assault, or Aggravated Assault by a Detainee upon another Detainee or Visitor in Florida?
The crime of Aggravated Battery on a visitor or detainee is a First Degree Felony that is punishable by up to 30 years in prison and a $10,000 fine. The crime of Battery on a visitor or detainee is a Third Degree Felony that is punishable by up to 5 years in prison and a $5,000 fine. The crime of Assault on a visitor or detainee is a First Degree Misdemeanor that is punishable by up to 1 year in jail and a $1,000 fine. The crime of Aggravated Assault on a visitor or detainee is Second Degree Felony that is punishable by up to 15 years in prison and a $10,000 fine.
This offense occurs when a:
- Person was detained in a facility.
- At the time, the person committed an assault, aggravated assault, battery, or aggravated battery.
- Victim was a detainee or visitor in that facility.
A “facility” is any state correctional institution, private correctional facility, county, municipal, or regional jail or other detention facility of local government, or any secure facility operated and maintained by the Department of Corrections or the Department of Juvenile Justice.
Some of the defenses to Aggravated Battery, Battery, Assault, or Aggravated Assault by a Detainee upon another Detainee or Visitor:
- Did not have the required specific intent.
- Victim was not a detainee or visitor.
- Person was not detained in facility.
References:
Hopkins v. State: On facility.
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If you have been arrested or believe you will soon be arrested for the offense of Aggravated Battery, Battery, Assault, or Aggravated Assault by a Detainee upon another Detainee or Visitor in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.
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