Assault is when an individual threatens or engages in an action that places another individual in fear of harm or injury. Battery involves actual physical contact, such as striking or touching with the intent to cause bodily harm. Assault/battery confrontations can range from a fist fight to an ordeal involving a deadly weapon. Depending on the details of your charges, you make be facing steep penalties that can negatively affect your future.
At The Wiseman Law Firm, we have over 15 years of experience defending clients against criminal charges. Attorney Simon Wiseman is a former Florida prosecutor who has an insider's perspective on the criminal court systems and how to defend complex charges. Talk to our Orlando assault and battery attorney to learn more about our aggressive, strategic defenses.
We can defend against a wide range of assault/battery charges, including:
If you are facing charges for assault or battery, start your defense with a free consultation today.
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.
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:
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 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.
Penalties for assault and battery charges depend on the circumstances of your charge, your prior record, whether the victim belonged to a special class of victims such as a public official, and other relevant considerations.
Consequences of an assault/battery charge:
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 Orlando assault and battery attorney can use. By immediately contacting an Orlando 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.
We can review all the elements of your case during a free initial consultation in person or over the phone. Our attorney has been successful at securing dismissed charges or getting them deferred into a pre-trial diversion program, which allows your charges to be dismissed once you complete the terms of the program.
Facing assault and battery charges? To learn more about your defenses, contact us at (407) 708-9127.