Types of Felony Battery Charges
When a person causes significant bodily harm willfully and with intent, he is charged with felony battery. This charge has varying degrees, depending upon the nature of the assault, age of the victim and if weapons were involved. Each state has different penalties for felony battery convictions, and charges may fall under the category of simple assault and battery, aggravated assault, sexual assault or assault against an elderly person.
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Simple Assault and Battery
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Simple assault and battery includes punching, scratching and kicking another person. Hitting, striking or causing injury to a person without the use of weapons falls under the simple assault and battery charge. In Florida, this felony charge is based on intentional and unlawful threats, the ability to carry out the crime and fear caused to the victim during the crime. Florida has imposed sentencing guidelines regarding simple assault and battery convictions, which include up to five years in prison, five years of probation and up to $5,000 in fines.
Aggravated Assault and Battery
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Threatening or attempting to harm a person with a firearm is aggravated assault. Aggravated assault is higher degree of felony than simple assault, as weapons or firearms are used to inflict fear or injury. Weapons within this charge may include metal objects, such as pipes or knives, used in an intentional manner to hurt an individual. In Florida, the felony charge of aggravated assault with a deadly weapon is charged if the offender uses a firearm and, if convicted, the offender faces a minimum and mandatory three-year prison sentence.
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Sexual Assault
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In addition to serving a prison sentence, sexual offenders must register with the state. Falling under the category of felony battery, sexual assault involves criminal sexual acts against a victim with or without consent. Depending upon the age of the victim and circumstances surrounding the crime, this charge is serious and warrants extensive prison sentencing, probation and parole, if the offender is released. Registering as a sexual offender upon conviction is also required, and the process varies by state. In New York, this crime includes sexual intercourse, contact or touching in a forcible manner upon the victim.
Assault Against the Elderly
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Assault relating to elderly people may be categorized as institutional abuse. In New York State, domestic elder abuse is a felony charge that involves physical abuse or neglect that causes significant harm to the victim. Elder abuse may take place in a home setting or a nursing home, foster home or residential facility. In the case of institutional abuse, this felony charge may cause the offender to lose any licensing to care for the elderly and be sentenced to prison or probation. In North Carolina and Massachusetts, the elderly are protected under laws that subject anyone over the age of 18 who has sufficient means to care for a parent with disabilities, to do so or risk imprisonment or fines.
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