Legal Question in Criminal Law in Florida

First degree battery-minimum vs maxium sentence

My ex-husband has recently been arrested for first degree battery on on 18-year-old son. He has never been arrested before, but there are a handful of incident reports with the SO where battery is concerned involving him vs myself and two of my other children. The SAO has the case and assures me they will prosecute. Will they take the SO reports into considertation? Would the judge? What could be the minimum vs the maximum sentence he could receive?


Asked on 2/26/05, 11:07 pm

1 Answer from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: First degree battery-minimum vs maxium sentence

In Florida there is no such thing as 1st degree battery. There are battery, felony battery, aggravated battery. Battery is misdemeanor punishable by up to 1 year in jail or as low as probation. I beleive felony battery is a 3rd degree felony punishable by up to 5 yrs or as low as probation. Aggravated battery is punishable up to 15 years and as little as two years. It depends on his scoresheet.

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Answered on 2/27/05, 2:11 am


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