Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney here to assist you.
This is a misdemeanor of the first degree and carries up to 1 year in jail and a fine of up to $1000. If this is his first offense ever, he should not expect jail time. Instead, it is more likely that he'll receive probation and a minimum fine.
It is best if he gets an attorney to try and work out a deal with the prosecutor.
Here is the statute:
Fla. Stat. 784.03
(1)(a) The offense of battery occurs when a person:
(1.) Actually and intentionally touches or strikes another person against the will of the other; or
(2.) Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
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