Stuart Assault & Battery Lawyer
Strong Defense for Serious Charges
Assault and battery often get lumped together as one offense, but they are actually different crimes with distinct definitions.
Assault is defined as:
- An intentional and unlawful threat — by word or act — to commit violence against another person;
- with the apparent ability to carry through with the threat at the time it was made; and
- the threat created a genuine fear in the intended victim that violence was imminent.
Most assaults will likely be charged as a misdemeanor. However, if the threat was made with a deadly weapon, or with an intent to commit a felony, the charge may be upgraded to aggravated assault, which is a felony punishable by up to five years in prison.
Battery is defined as:
- When a person actually and intentionally touches or strikes another person against the will of the other; or
- intentionally causes bodily harm to another person.
Similar to assaults, most batteries will be charged as a misdemeanor. However, an individual who has a prior battery conviction may have the subsequent battery charge filed as a felony, which is punishable by up to five years in prison.
Aggravated Battery in Florida
Aggravated battery is defined as a person who in committing battery:
- Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
- Uses a deadly weapon.
A person also 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. Aggravated battery is a felony of the second degree punishable by up to 15 years in prison, and usually carries a mandatory term of imprisonment in state prison upon a conviction.
Other Variations of Assault & Battery Charges in Florida
Pursuant to Chapter 784 of the Florida Statutes, there are other numerous assault and battery charges that may be filed.
Assault and battery charges in Florida are very serious, because you may be arrested for one form of assault or battery and then later rearrested or charged with another more serious assault or battery charge, including:
- Aggravated assault
- Aggravated assault with a deadly weapon
- Domestic battery
- Felony battery
- Aggravated battery
- Sexual battery
- Domestic battery by strangulation
- Aggravated battery on a pregnant person
- Battery on health services personnel
- Assault or battery on a law enforcement officer
- Assault or battery on an elderly person
- Assault or battery on a detainee
There are many defenses to a charge of assault or battery. Self-defense is an absolute defense to these charges and may prevent you from being convicted of assault and or battery. Self-defense is a complicated and often misapplied area of law. You need an experienced and knowledgeable criminal defense attorney who is well versed in self-defense and other defenses you may have to these charges.
Call 772-303-1295 or contact us online to schedule a free consultation.