Get help with Assault & Battery and related criminal charges
If you’ve been arrested for Assault, Battery, Aggravated Assault, orAggravated Battery, you are facing serious criminal charges with substantial penalties and possible jail time if you are convicted.
Many simple assault and battery charges are fights that got out of hand. And just because you were the person arrested doesn’t mean you even started the fight. It just means the other person called the police or they simply decided to arrest all parties and sort it out later.
Aggravated Assault can also be charged aggressively by the District Attorney. An assault may be categorized as aggravated if you threw an object, even if you didn’t come close to or intent to hit the other person. If you throw a potted plant against a wall, that could be considered an aggravated assault. A kick with a shod foot may also be charged as a felony battery.
There are often good options to beat the case and dismissed entirely, or get charges reduced. Call us now to talk about your Florida assault and battery charges to speak with an attorney who has handled cases like yours.
Call now at (877) 394-6959. We can help you take care of these and get your life back.
How to Beat your Florida Assault Charge
An argument that gets out of hand can easily end up as an assault charge. Especially in a domestic case, the police will feel compelled to arrest someone if they are called and there is any kind of a disturbance going on, or accusations made in the heat of the moment.
The prosecution may not tell you that they know their case is weak. If the witness or victim isn’t reliable or has changed his or her story and no longer wants to press charges, the District Attorney may not be willing to admit that unless challenged in court.
A case like that should be dismissed for lack of evidence or cause to continue with the prosecution.
For minor charges like simple battery or simple assault, we can also work to avoid a criminal conviction and negotiate a pretrial intervention, which is a diversion program where you might agree to take anger management classes instead of agreeing to a plea. If the program is completed and there are no other issues, the charges can be dismissed.
In felony cases, we will argue that virtually any aggravated charge should be reduced to misdemeanor assault or battery.
Every case is different, so we will evaluate the facts of your situation and apply all of our experience and knowledge to getting the case reduced or dropped. Call us now and ask a lawyer how he’s beaten assault cases before, and what the chances are to beat your case. (877) 394-6959
Florida Assault and Battery Laws – Definitions
The following are the legal definitions according to Florida criminal laws.
Assault is defined as “an intentional threat by word, or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well-founded fear in such other person that such violence is imminent.”
An Aggravated Assault is “is an assault with a deadly weapon without intent to kill; or with an intent to commit a felony”.
Battery is defined as when a person “intentionally touches or strikes another person, without that person’s consent; or Intentionally causes bodily harm to another person. ”
A Battery becomes an Aggravated Battery if “during the commission of a battery, he/she: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Uses a deadly weapon. Also, a person commits aggravated battery if 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.”
Penalties for Assault & Battery in Florida
Assault is a second-degree misdemeanor, which has a maximum penalty of 60 days in jail and a $500 fine. FL Criminal Statute §784.011
Battery is a first-degree misdemeanor, which has a maximum penalty of 1 year in jail and a $1000 fine. A Second Offense Battery charge becomes a felony battery (3rd-degree felony) with a penalty of up to 5 years in jail and a maximum $5000 fine. FL Criminal Statute §784.03
An Aggravated Assault charge is a felony assault third-degree felony, which has a maximum penalty of 5 years in jail and a $5000 fine. FL Criminal Statute §784.021
An Aggravated Battery is a second-degree felony, which has a maximum penalty of 15 years in jail and a $10,000 fine. FL Criminal Statute §784.045
Free Consultation on your Assault, Battery, & Aggravated Assault Charges in Florida
If you’ve been charged with assault, battery, or related criminal offenses, call us to get advice on your case. We can help work through your options, and handle the courts to make sure you are treated fairly, and your case is dispatched and goes away as quickly and painlessly as possible.
And if we need to fight, we will fight with everything we have. Investigations into witnesses, motions to suppress, and challenging the prosecution on every point.
We are on your side.
Contact us to find out what we can do for you. (877) 394-6959