Many times people who have been arrested and charged with assault and battery have had momentary episodes of rage, were intoxicated, or were provoked into a fight.
If you face criminal assault or battery charges, immediately contact the criminal defense attorneys at The Wiseman Law Firm in Orlando, Florida.
Assault and battery can be charged together, but they are separate offenses in Florida. To be convicted, the state must prove you guilty beyond a reasonable doubt on all elements of the offense.
An assault does not involve any physical contact. To satisfy the elements of assault, you need to have committed the following:
- A threat by word or conduct to physically harm someone;
- While having the apparent ability to carry out the threat;
- Which the victim or target of the threat reasonably fears that the violent act is imminent.
You must have been aware that your act would likely result in force though no physical contact is necessary.
Assault is generally charged as a second degree misdemeanor with a potential sentence of up to 60 days in jail, 6 months probation and a fine of $500.
The charge can be upgraded to an aggravated assault if you issued your threat while carrying or brandishing a deadly weapon and did not have the intent to kill, of if you intended to commit a felony.
A deadly weapon can be, but is not limited to, a firearm, baseball bat, knife, or a motor vehicle. It is the manner in which the weapon is used that can classify the item as a dangerous weapon.
An aggravated assault is a third degree felony in Florida, which carries jail time of up to 5 years, 5 years of probation and a $10,000 fine.
Battery is offensive physical contact. To commit battery in Florida, the following elements must be present:
- The intentional touching or striking of another person;
- Of which the victim or target of the battery did not consent;
- Or, you intentionally caused bodily harm to someone.
The misdemeanor battery charge in Florida does not involve serious bodily harm or use of a deadly weapon. Any offensive or unwanted physical contact with another person could be a battery.
Battery is considered a first degree misdemeanor in Florida. You face up to one year in jail, 1 year probation and a fine of up to $1,000. If you are a multiple offender then the battery charge can be upgraded to a third-degree felony with possible prison time of up to 5 years, 5 year probation and a $5,000 fine.
An aggravated battery charge means that you either committed the offense with a deadly weapon, or inflicted serious bodily injury on someone. Also, any battery on a pregnant woman whom you knew or should reasonably have known to be pregnant, is aggravated battery.
This is a second degree felony with jail time of up to 15 years, 15 years’ probation and a fine of $10,000.
RETAIN THE WISEMAN LAW FIRM
Assault and battery are serious criminal offenses that could land you in jail and saddle you with a criminal record that could affect your ability to find employment, get a professional license, obtain housing, or enroll in school. Oftentimes, it is a just a lapse in judgment that leads to a battery or assault being committed. Don’t let a lapse in judgment ruin your life-contact The Wiseman Law Firm immediately.
There are many defenses available to you that a skilled and knowledgeable criminal defense attorney can use. By immediately contacting an assault and battery defense lawyer from The Wiseman Law Firm, you will be protecting your rights and allowing your attorney to more thoroughly explore all your options.
The attorneys from The Wiseman Law Firm have successfully defended numerous clients charged with battery and assault. Contact The Wiseman Firm today for a free consultation.