Crime Definitions

DUI -
A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

1. The person is under the influence of alcoholic beverages, any controlled substances set forth in 871.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
   
2. The person has a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (C) The person has a breath alcohol level of 0.08 or more grams of alcohol per 210 milliliters of breath.
   

DWLS (criminal) - Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon:

1. A first conviction is guilty of a misdemeanor of the second degree.
   
2. A second conviction is guilty of a misdemeanor of the first degree.
   
3. A third or subsequent conviction is guilty of a felony of the third degree.
   

Assault -
An assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

Aggravated Assault -
An aggravated assault is an assault:

1. with a deadly weapon without intent to kill; or
   
2. with an attempt to commit a felony
   

Battery; Felony Battery - Florida Statute 784.03
(1) 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.
   

(2) A person who has a prior conviction for battery or aggravated battery, or felony battery, and who commits any second or subsequent battery commits a battery of the third degree.

Felony Battery - Florida Statute 784.041
(1) A person commits the offense of felony battery if he or she:

1. Actually and intentionally touches or strikes another person against the will of that person; and
   
2. Causes great bodily harm, permanent disability, or permanent disfigurement.
   

Aggravated Battery -

1. A person commits aggravated battery who, in committing a battery:
   1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
      
   2. Uses a deadly weapon.
2. A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

Kidnapping -
(1) The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against his or her will and without lawful authority, with intent to:

1. Hold for ransom or reward or as a shield or hostage.
   
2. Commit or facilitate commission of any felony.
   
3. Inflict bodily harm upon or to terrorize the victim or another person.
   
4. Interfere with the performance of any government or political function.
   

Robbery -
(1) Robbery means the taking of money or other property which may be the subject of larceny from the person or custody of another, with the intent to either temporarily or permanently deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

Burglary -
Burglary means:

1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
   
2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

1. Surreptitiously, with the intent to commit an offense therein;
   
2. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
   
3. To commit or attempt to commit a forcible felony as defined in statute 776.08.

The outcome of your case is important to us. For a free consultation about your criminal defense case, contact the lawyers at Williams & Wiseman, P.A. in Orlando, Florida. All criminal defense cases are handled by Williams & Wiseman, P.A. Call 407-425-4755.